HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 45055 of 2019
Applicant :- Sumesh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Malviya
Counsel for Opposite Party :- G.A.
Supplementary has been filed today in court annexing therewith compromise arrived at between the applicant and informant, Anshu Kumar.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there was prior dispute between the parties on 15.08.2019. The dispute took place regarding drain and wallbetween the applicant side and the informant side in the presence oftheindependent witnesses, Virendra Kumar and Pradhan of the village, Ram Kali. However, on 17.08.2019 regarding the incident of the same date the FIR has been lodged wherein applicant has been implicated by the other side. Anshu Kumar, who wasalso signatory to the compromise and was first party in the compromise has lodged the FIR alleging thepresent offenceagainst the applicant. It has been submitted on account of enmity between the parties the implication has been made. Other side was not satisfied with the compromise arrived at in the presence ofthe villagePradhan, hence false implication in this case has been made. The applicant is in jailsince 18.08.2019 and has nocriminal 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 applicantSumesh, be released on bail in Case Crime No. 541 of 2019, under Section 354 IPC Section 7/8 POCSO Act, Police Station- Kotwali, District- Fatehpur, be released on bail 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 :- 24.10.2019