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Bulaki vs State Of U.P. on 22 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 10083 of 2020

Applicant :- Bulaki

Opposite Party :- State of U.P.

Counsel for Applicant :- Gyanendra Prasad Mahant

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Kumar,J.

This bail application has been taken up during lock-down period as an urgent one.

Perused the records.

The applicant is seeking bail in connection with case crime no. 306 of 2019, under Section 377 IPC and 3/4 POCSO Act, P.S. Fatehpur Sikri, District Agra.

The allegation against the applicant in the first information report is that he committed unnatural offence with 10 year minor child.

It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case and neither medical injury report nor, pathological report supports the version in the first information report. It has been further pleaded that the applicant has no criminal history and he is in jail since 03.09.2019.

In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be admitted to bail.

Accordingly, applicant namely Bulaki is admitted to bail. Considering the special circumstances of the lock-down prevailing in the district concerned presently and in the light of the directions of this Court in PIL No. 564 of 2020 dated 06.04.2020, let the applicant, Bulaki be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond only to the satisfaction of the jail authorities, where the applicant is languishing.

It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one.

However, it is further directed that within period of four weeks from the date of lifting of the complete lock-down in the District concerned resulting in resumption of normal functioning of the Courts in that district, the applicant shall furnish two sureties each of the like amount to the satisfaction of the court concerned alongwith certified copy of this order, failing which the bail granted by this court shall stand cancelled necessitating surrender of the applicant.

It is further directed that the applicant shall not misuse the liberty of bail and shall cooperate with the police/ investigating agency.

Office of the Government Advocate is directed to inform forthwith about this bail order to the the S.P/S.S.P of the district concerned for necessary information to the jail authority where the applicant is languishing.

In view of the aforesaid, the bail application stands disposed of.

Order Date :- 22.4.2020

Sanjeev

 

 

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