HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38993 of 2019
Applicant :- Jeetu
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Rajesh Sharma
Counsel for Opposite Party :- G.A.
Counter affidavit filed by learned A.G.A. 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 it is a case of false implication. It has been submitted that the alleged offence was committed in the agricultural field where bajra was sown. There is no fresh external injury found on the whole body of the injured by the doctor. No opinion about the alleged offence has been given. The applicant is in jail since 16.07.2018 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 Jeetu, be released on bail in Case Crime No. 351 of 2018, under Sections- 377 SectionIPC Section 3(2) of S.C./S.T. (Prevention of Atrocities) Act Section 5/6 of POCSO Act, Police Station- Atrauli, District- Aligarh, 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 :- 21.10.2019