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Nitin Saxena vs State Of U.P. And Another on 18 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 27295 of 2019

Applicant :- Nitin Saxena

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Om Narayan Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Counter affidavit filed by learned AGA is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Submission is that the informant is muscle man. Applicant is employed as labour. On account of dispute regarding wages he has been falsely implicated. He is in jail since 15.02.2018.

Learned AGA has vehemently opposed the prayer for bail and has submitted that in medical report of the injured injuries have been found and therefore, there is no ground for his release on bail. He has not disputed that the applicant is languishing in jail since 15.02.2018.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Nitin Saxena involved in Case Crime No.83 of 2018, under Sections 377 IPC and 3/4 of the POCSO Act, Police Station Jalalabad, District- Shahjahanpur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of one year from the date of production of certified copy of this order.

Order Date :- 18.10.2019

SS

 

 

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