Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26173 of 2021 Applicant :- Tabrej Alam Opposite Party :- State Of U.P Counsel for Applicant :- Krishna Datta Tiwari
Hon'ble Rajiv Joshi,J.
Heard Sri Krishna Datta Tiwari, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 122 of 2021, under Sections- 366 and 506 IPC, Police Station- Kasya, District- Kushi Nagar, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present. It is further contended that FIR was lodged against five persons including the applicant to the effect that the daughter of the informant namely Jyoti Gupta has enticed away by the co-accused persons including the applicant and pressurized her to marriage with the applicant. It is further contended by learned counsel for the applicant that the statement of the girl/victim recorded under Section 164 Cr.P.C., in which, it is stated that she has gone with the applicant and used to pressurize her for marriage and except the fact that the applicant pressurized her for marriage, no other allegation has been made against him. It is further contended that as per her own statement recorded under Section 164 Cr.P.C. she is 18 years old. The applicant is in jail since 19.2.2021 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits 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, Tabrej Alam who is involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 13.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 17:22:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad