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Suhail vs State Of U.P. on 18 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36920 of 2019

Applicant :- Suhail

Opposite Party :- State Of U.P.

Counsel for Applicant :- Manish Joshi

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Suhail with a prayer to release him on bail in Case Crime No. 59 of 2019, under Sections 5 (A) of SC/SectionST Act, Police Station Mainather, District- Moradabad, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that applicant was granted bail by this Court vide order dated 2.7.2019 in Criminal Misc. Bail Application No. 24301 of 2019 under Sectionsections 354 I.P.C. Sectionsection 3 (2) (5) of S.C./SectionS.T. Act and sections 9/10 POCSO Act.However his bail application under section 5(A) of SC/SectionST Act has been rejected by the trial court on 2.8.2019 hence he is before this court.

It has been submitted that applicant has been granted bail in all the other offences.The rejection of bail under section 5 (A) of SC/SectionST Act has been subsequently done by the Special Judge(POCSO Act)/VIIIth Additional Sessions Judge, Moradabad.

The applicant is languishing in jail since 13.3.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties noted 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, let the applicant Suhail 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 that :-

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 :- 18.9.2019

Atul kr. sri.

 

 

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