Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19260 of 2021 Applicant :- Sameel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant submitted that an FIR was lodged under Sections 452, 323 and 504 with simple allegation of assault but later on after deliberation the case has been improved and Section 354B, 324 IPC and 7/8 POCSO Act has been added. The victim girl has not been medically examined. The other family members, namely Mohd Arif and Reshma have simple injuries on the body. Applicant is innocent and has been falsely implicated in the present case. The applicant is in jail since 8.1.2021.
Learned AGA has opposed the prayer for bail but not disputed the above facts.
Considering the rival contentions of the parties, the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Sameel, involved in Case Crime No. 582 of 2018, under Sections- 354B, 324 IPC and Section 7/8 POCSO Act, Police Station- Sahaswan, District - Budaun, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. In case the applicant is already on interim bail after submission of sureties, he is not required to surrender before the court below.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
3. 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;
4. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.7.2021 Arif