HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 45273 of 2019
Applicant :- Jasveer
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Geetam Singh
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that on account of prior enmity some dispute took place between the informant, his son and the applicant. The allegation under Section 377 I.P.C has been falsely leveled against the applicant to lead colour his case. No injury has been found by the Doctor on the private part of the victim. Other injuries are simple in nature found on the body of the injured. It has been submitted that the independent witnesses have also stated that on account of prior enmity the applicant has been falsely implicated in this case. The applicant is in jail since 26.03.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Jasveer, involved in Case Crime No.95 of 2019, under Sections 377, Section511, Section323, Section506 IPC and Section 7/8 POCSO Act, Police Station Sahawar, District- Kasganj 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of one year from the date of production of certified copy of this order.
Order Date :- 30.10.2019