Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24318 of 2021 Applicant :- Amit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Tejandra Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
In paragraph 3 of the counter affidavit filed on behalf of the State, it is stated notice regarding pendency present bail application has been served upon the informant, but neither any counter affidavit has been filed nor anybody has put in appearance on his behalf.
Heard Sri Kunwar Tejandra Bahadur, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 415 of 2020, under Sections 377, 506 IPC and Section 5/6 POCSO Act, Police Station Prem Nagar, District Bareilly, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged by the victim's mother namely, Smt. Kaushalya to the effect that her minor son namely, Dev, aged about 9 years is subjected to unnatural offences by the applicant. It is next contended that the applicant was charge sheeted in the matter on 11.9.2021. Thereafter, the trial was commenced. In the trial, statement of the informant and the victim were recorded on 1.2.2021 and 11.02.2021 respectively, in which the informant stated that some unknown persons has committed the offence and she never lodged any first information report against the applicant with the allegation made in the same. Similar statement has been recorded by the informant and both the witnesses have been declared hostile. It is next contended by learned counsel for the applicant that in view of the statement of the informant and the victim, no offence against the applicant is made out. It is lastly contended that the applicant has no other criminal history. He is in jail since 03.09.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Amit involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Noman