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Shobhit Shukla vs State Of U.P. And Another on 9 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 28198 of 2019

Applicant :- Shobhit Shukla

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Anupam Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

It appears that none of the independent witnesses have supported the allegation made in the FIR. The medical report also does not supports the same. The applicant is in jail since 21.06.2019 and in paragraph 15 of the affidavit in support of the bail application it has been averred that the applicant has no criminal history to his credit.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

After considering the rival submissions noted hereinabove, larger mandate of SectionArticle 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.

Let the applicant Shobhit Shukla involved in Special Case No. 237 of 2018 arising out of Case Crime No. 139 of 2018, under Section 377 I.P.C. 3/4 of the Protection of Children from Sexual Offences Act, Police Station- Powayan, District- Shahjahanpur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 9.9.2019

Rohit

 

 

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