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Naushad @ Pallu vs State Of U.P. on 24 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 6599 of 2020

Applicant :- Naushad @ Pallu

Opposite Party :- State of U.P.

Counsel for Applicant :- Vichitra Singh Chauhan,Ashutosh Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.914 of 2019, under Section 354 I.P.C. and 7/8 POCSO Act, Police Station New Agra, District Agra, applied for bail.

Learned counsel for the applicant submits in following manner :-

Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.

FIR has been lodged against the applicant by the mother of the victim; in statement under Section 164, the age of victim-Muskan is 14 years; it is alleged that accused-applicant has forcibly taken victim but no role of molestation of the applicant.

Applicant is in jail since 07.12.2019 having no criminal history.

There is no possibility of the applicant’s fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in Trial Court, there is no possibility of early disposal of trial.

Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement under Section 164 Cr.P.C, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.

Accordingly, bail application is allowed.

Let applicant-Naushad @ Pallu be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant shall not tamper with the evidence or threaten the witnesses.

2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

3. During trial, applicant shall not indulge in any criminal activities or case.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

Order Date :- 24.2.2020

Akram

 

 

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