HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 10623 of 2020
Applicant :- Noman
Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant as well as Sri Mayank Mishra, 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 – Noman with a prayer to release him on bail in Case Crime No. – 366 of 2019, under Section – 377 I.P.C., Police Station – Hasanpur, District – Amroha, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of unnatural sex, punishable with imprisonment upto life;
(ii) against FIR lodged on 10.08.2019, the applicant is in confinement since 25.01.2020;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant the applicant has been falsely implicated upon a delayed FIR and in any case, the prosecution allegations are completely disproved by the medical evidence;
(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.
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 investigation 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 :- 6.3.2020