HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 29
Case :- BAIL No. – 6195 of 2019
Applicant :- Arvind Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sagar Singh
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Karunesh Singh Pawar,J.
Rejoinder affidavit filed by learned counsel for the applicants is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The contention of the learned counsel for the applicants is that the applicants have been falsely implicated due to enmity. In fact the father of the applicant has given Rs. 70,000/- to the complainant and when he demanded the same, a scuffle took place between them. As such the name of the applicants have falsely roped in the FIR. It is an admitted case of the prosecution that there is no injury in this case. It is further submitted that the applicants have no criminal history and they are in jail since 15.05.2019. It is lastly submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants Arvind and Anmol @ Anil involved in Case Crime No. 147 of 2019, under Section 354 IPC. and Sections 7/8 of POCSO Act, Police Station- Hasanganj, District- Unnao 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 which are being imposed in the interest of justice:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 24.7.2019