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Paramu vs State Of U.P. on 20 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49680 of 2019

Applicant :- Paramu

Opposite Party :- State of U.P.

Counsel for Applicant :- Satyendra Narayan Singh,Chandra Nath Bhatt

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Satya Prakash Singh, Advocate holding brief of Sri Satyendra Narayan Singh, learned counsel for the applicant; as well as Sri Manoj Dwivedi, 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 – Paramu with a prayer to release him on bail in Case Crime No. – 353 of 2019, under Section – 377 SectionI.P.C., and Section 3/Section4 Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (5) S.C./SectionS.T. Act, Police Station – Gajraula, District – Amroha, during pendency of trial.

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

(i) the applicant is accused of offence of sodomy and under the POSCO Act, punishable with imprisonment of ten years or life. Against the FIR lodged on 18.7.2019, the applicant was arrested on 19.7.2019 and is in confinement since then;

(ii) the applicant claims to have cooperated in the investigation and in any case is not shown to have unduly evaded his arrest;

(iii) the applicant has no criminal history;

(iv) the investigation has been concluded; charge sheet submitted, however, trial has yet not commenced. Therefore, it is not likely to conclude in near future;

(v) on prima facie basis only, it has been submitted that in the medical examination, no injury was reported. Also some delay has been cited in lodging of the first information report and that first information report has been lodged on account of old political rivalry between the parties ;

(vi) no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.

4. On the other hand, learned A.G.A., submitted that the applicant was apprehended from the spot by the villagers, therefore, his involvement in the offence cannot be doubted.

5. Without expressing any opinion on the final merits of the case and keeping in mind the fact that the applicant has already suffered four months’ confinement and the investigation has been concluded, 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 that :

(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.

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

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

Order Date :- 20.11.2019

Jaswant

 

 

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