HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 3026 of 2019
Applicant :- Sanju Ali
Opposite Party :- State Of U.P.
Counsel for Applicant :- Nitesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Vivek Agarwal,J.
Heard Sri Nitesh Kumar Srivastava, learned counsel for the applicant-Sanju Ali, Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.
The contention of the learned counsel for the applicant is that applicant is in jail since 29.11.2018 and has been falsely implicated inasmuch as he is engaged in the business of purchasing and selling condemn material (kabad) and on the fateful day when he was travelling towards the village of the prosecutrix certain youth asked him to give some money for purchase of liquor and on being resisted he was brutally beaten and subsequently a false FIR has been registered against him. It is next submitted that since he was brutally beaten and was taken to hospital on 25.11.2018 itself therefore his mother had registered case crime No.188 of 2018 against the complainant party under Sections 147, Section385, Section323 Section504 and Section506 IPC. Reading statements of father of the prosecutrix it is submitted that on 27.11.2018 father of the prosecutrix has admitted that no injury was sustained by the prosecutrix and there is no specific incident mentioned in the FIR as to how daughter of this witness i.e. the prosecutrix was teased or subjected to any harassment. He is in custody for over 11 months. If benefit of bail is not granted to the applicant then he being the sole bread earner of his family will be put to harassment.
Without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Sanju Ali, be released on bail in Case Crime No.187 of 2018, under Sections- 354 SectionIPC and Section 7/8 of POCSO Act, Police Station-Bankata, District-Deoria, on his furnishing a personal bond of Rs.50,000/- and two sureties each of the like amount to the satisfaction of the Court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.10.2019