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Sonu Ahirwar vs State Of U.P. And 2 Others on 10 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54800 of 2019

Applicant :- Sonu Ahirwar

Opposite Party :- State Of U.P. And 2 Others

Counsel for Applicant :- Ram Sumer Chaudhary

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Ram Sumer Chaudhary, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastav, 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 – Sonu Ahirwar with a prayer to release him on bail in Case Crime No. – 593 of 2019, under Section – 354 SectionI.P.C. and 7/8 POCSO Act, Police Station – Hariparvat, District – Agra, during pendency of trial.

3. Having heard learned counsel for the parties, at present:

(i) the applicant is accused of molestation of a minor girl, punishable with imprisonment of 7 years;

(ii) against FIR lodged on 12.10.2019, the applicant is in confinement since 22.10.2019;

(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) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;

(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant was neither named in the FIR nor his name surfaced in the statement recorded under Section 164 Cr.P.C. of the victim, however, the applicant has been falsely implicated by the father of the victim on mere hearsay;

(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.

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 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 investigation/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.

Order Date :- 10.12.2019

Abhilash

 

 

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