HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 44403 of 2019
Applicant :- Sanjay
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Pal
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that there is no allegation of causing offence under Section 354 I.P.C against the applicant. The only allegation is that while co-accused, Manoj was teasing the victim applicant came on the spot on the apprehension that the victim and the co-accused are doing something obscene, he caused injuries to both of them. It has been submitted that applicant can be said to have not been able to understand the conduct of the victim and the co-accused, Manoj and therefore, it has resulted into false implication of the applicant. The applicant is in jail since 13.08.2019 and has no criminal history of the to his credit.
On the other hand learned AGA has opposed the prayer for bail.
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, Sanjay, involved in Case Crime No.221 of 2019, under Sections 354, Section323 IPC and Section 7/Section8 of Protection of Children from Sexual Offence Act, 2012, Police Station Ujhani, District- Badaun 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.
Order Date :- 23.10.2019