HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 10556 of 2020
Applicant :- Sumit Alias Babu
Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Tripathi,Suresh Chandra
Counsel for Opposite Party :- G.A.,Sanjai Singh
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Suresh Chandra Mishra, learned counsel for the applicant as well as Sri H.P. Gupta, 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 – Sumit alias Babu with a prayer to release him on bail in Case Crime No. 82 of 2019, under Sections 354 IPC and 7/8 POCSO Act, 2012, Police Station – Lohamandi, District – Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to outrage modesty of a woman, punishable with imprisonment of seven years;
(ii) against FIR lodged on 12.03.2019, the applicant is in onfinement since 05.11.2019;
(iii) the applicant claims to have cooperated in the investigation. However, there is some delay in the applicant being apprehended;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, however, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated, inasmuch as the FIR is claimed to have been lodged on account of misapprehension. The allegations are also stated to be not complete for the purpose of constituting the offence, as alleged;
(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 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.
Order Date :- 17.3.2020