Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the applicant- Chhotkau for grant of bail, in Case Crime No. 394 of 2020, under Sections 370(4) I.P.C., P.S.Rupaideeha, District Bahraich, during trial.
Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that no case under Section 370(4) I.P.C. could be made out against the applicant even if the allegations of prosecution is taken on its face value and at the most it may be a case of child labour, however the concerned informant of the case has criminalized the case by aggravating the facts.
It is further submitted that the applicant is in jail in this matter since 5.12.2020. The charge sheet in the matter has already been submitted and in any case the instant case cannot be pertaining to the child trafficking and, therefore, the penal section, which has been invoked is patently absurd. There is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.
It is further submitted that co-accused of the case, whose role stands almost on the similar ground as of the applicant has been released on bail vide order dated 27.01.2021, passed by a coordinate Bench of this Court in Bail No.937 of 2021.
Learned A.G.A. on the basis of instructions received, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Chhotkau involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.2.2021 Irfan