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Nitin @ Akash vs State Of U.P. on 7 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 595 of 2020

Applicant :- Nitin @ Akash

Opposite Party :- State of U.P.

Counsel for Applicant :- Satendra Singh

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Satendra Singh, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed on behalf of the applicant – Nitin @ Akash with a prayer to release him on bail in Case Crime No. – 919 of 2018, under Sections – 377 IPC and 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station – Kotwali, District – Mainpuri, during pendency of trial.

3. Having heard learned counsel for the parties, at present:

(i) the applicant is accused of unnatural sex on minor child, punishable with imprisonment of upto life;

(ii) against FIR lodged on 31.8.2018, the applicant is in confinement since 4.9.2018;

(iii) the applicant claims to have cooperated in the investigation;

(iv) the applicant has no criminal history;

(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;

(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The first information report had been lodged with the delay of more than one month. Referring to the injury report, it has been submitted that there is no medical evidence of such occurrence as also the trial is not likely to be concluded at an early date;

(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.

4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid 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/pressuring the witness, 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.

5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 7.1.2020

Prakhar

 

 

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