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Satish vs State Of U.P. on 6 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 10527 of 2020

Applicant :- Satish

Opposite Party :- State of U.P.

Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Anurag Vajpeyi, learned counsel for the applicant as well as Sri Pankaj Rai, 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 – Satish with a prayer to release him on bail in Case Crime No. 865 of 2018, under Sections 377 IPC and 5/6 POCSO Act, Police Station – Dadri, District – Gautam Budh Nagar, 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 that may extend upto life;

(ii) against FIR lodged on 13.10.2018, the applicant is in confinement since 14.10.2018;

(iii) the applicant claims to have cooperated in the investigation. In any case, he is not shown to have unduly evaded arrest;

(iv) the applicant has no criminal history;

(v) chargesheet has already been submitted and trial has remained pending at the stage of PW-1/informant;

(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the medical evidence does not support the allegation of unnatural sex and, in any case, the applicant has remained confined for more than a year. At present, the informant is also not traceable according to the police report and therefore, there is no hope of early conclusion of trial;

(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 or intimidate the witnesses.

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 heavy 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 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.

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.

7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.

8. It is further expected that the trial may be concluded as expeditiously.

Order Date :- 6.3.2020

AHA

 

 

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