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Mithun vs State Of U.P. on 18 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7615 of 2020

Applicant :- Mithun

Opposite Party :- State of U.P.

Counsel for Applicant :- Lavkush Kumar Bhatt

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

By means of this application, the applicant Mithun, who is involved in Case Crime No. 417 of 2019, under section 354 IPC and section 7/8 of Protection of Children From Sexual Offences Act, Police Station Kotwali Fatehgarh, district Farrukhabad is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that initially first information report was lodged under sections 363, 366 IPC, in which the applicant was granted bail vide order dated 07.01.2020 by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 738 of 2020. Thereafter, the Investigating Officer submitted charge sheet adding section 354 IPC as well as section 7/8 of Protection of Children From Sexual Offences Act, but the bail application of applicant has been illegally rejectd on 20.01.2020 by the concerned court below. It is further submitted that since in the main sections, the applicant has already been enlarged on bail, therefore, the applicant is also entitled to be released on bail in added sections. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 18.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Mithun, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

Order Date :- 18.2.2020

Sazia

 

 

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