HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 51902 of 2019
Applicant :- Jagdish @ Kachaloo
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Singh
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant; Sri Rajesh Yadav, learned counsel for the informant upon appearance filed today as well as Sri C.P. 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 – Jagdish @ Kachaloo with a prayer to release him on bail in S.T. No. 83 of 2019, under Section 354 I.P.C. and Section 7/8 POCSO Act, Police Station – Brijmanganj, District – Maharajganj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of molestation, punishable with imprisonment of 7 years;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) the applicant has been arrested upon surrender made by him pursuant to being summoned in the complaint case and is in confinement since 13.08.2019;
(v) on prima facie basis only, it may be noted, according to the applicant, the complaint allegations are patently false as is apparent from the fact that on 21.07.2017 itself, the informant had lodged an N.C.R. against the applicant with respect to an incident of 12.07.2017, wherein no such allegation had been made;
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 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 :- 26.11.2019