HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49783 of 2019
Applicant :- Bilal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Narendra Kumar,Rabindra Bahadur Singh
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Rabindra Bahadur Singh, learned counsel for the applicant; as well as Sri Abhisekh 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 – Bilal with a prayer to release him on bail in Case Crime No. 32 of 2019 , under Section 377 I.P.C., and Section 5/Section6 Protection of Children from Sexual Offence Act, Police Station – Kanth , District -Moradabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicant is accused of sodomy and the offence under the POCSO Act, punishable with imprisonment upto ten years. Against the FIR lodged on 13.2.2019, the applicant was arrested on 17.2.2019 and is in confinement since then;
(ii) the applicant claims to have cooperated in the investigation and in any case is not shown to have unduly evaded his arrest;
(iii) the applicant has no criminal history.
(iv) the charge sheet has already been submitted, however, trial has yet not commenced. Therefore, it is not likely to conclude in near future;
(v) on prima facie basis only, it may be noted that while medical report may suggest occurrence as alleged, at present, investigation has already been concluded;
(vi) 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. 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 that :
(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 :- 20.11.2019