Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24730 of 2021 Applicant :- Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Nigamendra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Nigamendra Shukla, learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that it is very important to bring to the kind notice of this Hon'ble Court that the applicant has been falsely implicated in the instant crime due to partybandi in the village on account of recent Panchayat elections since he has been threatened by the some persons who were the side of elected candidate of Gram Pradhan for implication in serious criminal cases in future and after the completion of Panchayat elections, they have concocted a story of instant crime in collusion with the complainant and police of PS Shikarpur and implicated him in totally false and frivolous case since the instant FIR has been lodged after two days of alleged incident whereas the alleged victim has stated entire alleged story to his mother on the same day as cleared from his statement recorded under section 161 Cr.P.C. but the complainant has not lodged FIR immediately nor explained anywhere about such inordinate delay or who prevented in lodging the instant FIR which established the falsity and concoction of allegation of prosecution itself. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.05.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Sonu, be released on bail in Case Crime No.191 of 2021, under Sections- 377/506 and IPC, sections 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station- Shikarpur, District- Bulandshahr, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and
another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.8.2021 Neetu