HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 5024 of 2020
Applicant :- Kishan Pal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anand Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble Vivek Kumar Singh,J.
Under the orders of Hon’ble The Chief Justice this bail application has been listed today in my chamber.
I myself have perused the bail application as well as the accompanying affidavit as well as annexures filed in support thereof.
Perusal of the record shows that several grounds have been mentioned in this bail application in order to prove the innocence of the applicant. Regard being had to the averment that the applicant has no previous criminal history and he is in jail since 8.12.2019.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant Kishan Pal involved in Case Crime No.497 of 2019, under Sections 354-? I.P.C. and Section 7/8 Protection of Children From Sexual Offences Act, Police Station Fatehabad, District Agra be released on bail, on his executing a personal bond to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release (in view of the order dated 6.4.2020 passed in Public Interest Litigation (PIL) No.564 of 2020).
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon’ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 23.4.2020