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Anand vs State Of U.P. Another on 6 January, 2020


?Court No. – 71


Applicant :- Anand

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Devi Dayal

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Devi Dayal, learned counsel for the applicant as well as Sri Vikash Goswami, 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 – Anand with a prayer to release him on bail in Case Crime No. – 708 of 2019, under Section – 354 SectionI.P.C. and 7/8 POCSO Act, Police Station – Jagdishpura, District – Agra, during pendency of trial.

3. Having heard learned counsel for the parties, at present:

(i) the applicant is accused of molestation on a minor girl, punishable with imprisonment of 7 years;

(ii) against FIR lodged on 14.11.2019, the applicant is in confinement since then;

(iii) the applicant claims to have cooperated in the investigation;

(iv) the applicant has no criminal history;

(v) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;

(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the parties are neighbours and false accusations have been made against the applicant owing to petty dispute that had occurred between them in a road accident. In any case, vague and general allegations have been made against the applicant;

(vii) in any case, no reasonable apprehension has been brought to the fore by the State 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 investigation/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 :- 6.1.2020




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