HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49935 of 2019
Applicant :- Aas Mohammad @ Kala
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal
Counsel for Opposite Party :- G.A.,Farid Ahmad Qureshi
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Nasiruzzaman , learned counsel for the applicant; Sri Farid Ahmad Qureshi, learned counsel for the informant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant – Aas Mohammad @ Kala with a prayer to release him on bail in Case Crime No. – 77 of 2019, under Section – 377 SectionIPC and 3/4 POCSO Act, Police Station – Titron, District – Saharanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of unnatural sex, punishable with imprisonment upto life;
(ii) against FIR lodged on 29.8.2019, the applicant is in confinement since 6.9.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, victim is of 17 years and not 14 years, as claimed. Further, no injury report exists on record as may establish the offence. It has been further submitted that the applicant has been falsely implicated on account of other dispute between the parties;
(vii) on the other hand, learned counsel for the informant fairly states that the material pertaining to video evidence is not part of the case diary. Further, he would submit that the victim is 14 years of age and, in any case, in the medical opinion, his age was estimated at 16 years. Relying on the statement of the victim made under Section 164 Cr.P.C., it has been submitted, there is sufficient evidence to proceed against the applicant;
(viii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.11.2019