HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35910 of 2019
Applicant :- Mithun Das
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the allegation against the applicant is attempt to cause offence under Section 377 IPC with the minor child. It has been submitted that the applicant has been implicated on account of dispute regarding of some money was due upon the informant during the shifting of home. The applicant is in jail since 15.06.2019 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 Mithun Das, be released on bail in Case Crime No. 529 of 2019, under Sections- 377 and 511 SectionIPC and 3/4 POCSO Act, Police Station- Sector- 39 Noida, District- Gautam Budh Nagar, 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 :- 13.9.2019