Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18453 of 2021 Applicant :- Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 726 of 2016, under Section 363, 366 IPC and Section 7/8 POCSO Act, registered at Police Station Robertsganj, District Sonbhadra.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is submitted by learned counsel for the applicant that vide order dated 01.02.2020 the Court concerned (Lower Court) granted bail to the applicant in the present case, and the applicant was regularly appearing before the Court concerned on the dates fixed for hearing. It is also submitted that the applicant is a labour and for his livelihood he went to Bomaby in the month of February, 2020 and due to Pandemic of Covid-19 and complete lock down he could not appear before the Court concerned on the date of hearing. It is also submitted that on 02.02.2021 he was arrested by the police when he was going to appear before the Court concerned. The applicant is in jail since 02.02.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Pappu involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 12.8.2021 SK Srivastava