Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 238 of 2021 Applicant :- Bharat Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant submitted that in the present case earlier F.I.R. was lodged and case was registered as Case Crime No. 355 of 2018, under sections 323, 354, 504 IPC and Section 7/8 POCSO Act in which applicant was enlarged on bail by this Court on 30.09.2020 in Criminal Misc. Bail Application No. 48467 of 2018. It is further submitted that during the course of investigation, Section 325 IPC was also added in which bail was rejected by the Court below. It is next contended that the applicant does not have any criminal history and he has been falsely implicated in the present case due to ulterior motive. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 29.08.2018 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Bharat Singh, involved in case crime No. 355 of 2018, under Sections 325 IPC and 9(M)/10 POCSO Act, police station- Bhojpur, District -Moradabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.1.2021 Sartaj Digitally signed by Justice Neeraj Tiwari Date: 2021.01.06 17:31:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad