HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 4135 of 2020
Applicant :- Saleem
Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Dubey
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. 831 of 2019, under Sections 377 IPC, Police Station Baghpat, District Baghpat, applied for bail.
Learned counsel for the applicant submits in the following manner that :-
It is stated that accused-applicant has committed unnatural offence with the victim-Abdul, aged about 20 years, but there is no injury in the medical report.
Accused-applicant is languishing in Jail since 9.12.2019 having no criminal history.
If accused-applicant is enlarged on bail, he shall not misuse its liberty.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submission made by learned counsel for applicant.
Considering the facts and circumstances of the case, rival contentions of learned counsel for the parties, role of accused-applicant in the commission of crime, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant-Saleem 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 :- 29.1.2020