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Allahabad High Court
Mona @ Khalid vs State Of Upand 3 Others on 28 February, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. – 2024:AHC:35460
Court No. – 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 4632 of 2024
Applicant :- Mona @ Khalid
Opposite Party :- State Of Upand 3 Others
Counsel for Applicant :- Ankit Pandey,Avadh Pratap Singh Shishodia
Counsel for Opposite Party :- G.A.,Shams Uz Zaman
Hon’ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for informant and perused the record.
2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.294 of 2023, under Section 377 IPC and Section 5M/6 of POCSO Act, Police Station Khekra, District Baghpat, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant has been falsely implicated in the present case only to harass him and the present FIR has been lodged after one day of the alleged incident. Learned counsel for applicant further submitted that there is no injury sustained by the victim on his body and as such no crime as alleged has been committed by the applicant and also from the statement of victim, it appears that the same has been taught to him to state the same. Applicant is having no criminal history to his credit. The applicant is a law abiding citizen and he is languishing in jail since 27.07.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned A.G.A. and learned counsel for informant have vehemently opposed the prayer for bail but could not dispute the aforesaid submissions from the record.
5. Having regard to the submissions made and the fact that there was no injury sustained by the victim on his body who is aged about 5 years and practically he cannot give the statement as mentioned in his statement under Section 164 Cr.P.C. and also the applicant is having no criminal history but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Mona @ Khalid involved in the aforementioned crime 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, with the following conditions:-
i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
9. However, it is made clear that the observations made hereinabove shall not be taken into consideration by learned trial court for any purpose whatsoever.
Order Date :- 28.2.2024
Vivek Kr.
