HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 21437 of 2019
Applicant :- Deepak Bind
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Lal Behari Yadav,Birendra Kumar Yadav
Counsel for Opposite Party :- G.A.
Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the allegation made against the applicant is of attempt to cause the offence under Section 377 I.P.C. as clear from the statement of the minor victim. However in the FIR the commission of the offence has been alleged but the medical report does not supports the same. It has been submitted that the applicant has been falsely implicated on account of village politics. The applicant is in jail since 27.03.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of SectionArticle 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Deepak Bind, be released on bail in Case Crime No. 190 of 2019, under Sections- 377, 323 SectionI.P.C. and Section 3/4 of POCSO Act, Police Station- Kotwali, District- Ghazipur, be released on bail on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 12.9.2019