Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38169 of 2021 Applicant :- Sani @ Chandi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned State Law Officer for the State and perused the record.
It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further contended that the allegation against the applicant is that he tried to give mobile phone to the daughter of the informant to which she refused to take the same and thereupon he tried to outrage the modesty of his daughter and kept eve teasing with her. It is further contended that the applicant is student and is languishing in jail since 27.7.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. has opposed the prayer for bail, but has not disputed the fact that applicant has no criminal history.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sani @ Chandi involved in Case Crime No.275 of 2021, under Sections 354Ka, 323, 504, 506 I.P.C. and section 7/8 of POCSO Act, Police Station- Jaswant Nagar, District- Etawaha, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 20.12.2021 Anil K. Sharma