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Sumsullah vs State Of U.P. on 19 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 32230 of 2019

Applicant :- Sumsullah

Opposite Party :- State Of U.P.

Counsel for Applicant :- Vijay Prakash Chaturvedi

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

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

The instant bail application has been filed on behalf of the applicant, Sumsullah with a prayer to release him on bail in Case Crime No.101 of 2019, under Sections 354 IPC and 7/8 POCSO Act, Police Station Itwa, District- Siddharth Nagar, during pendency of trial.

It is argued by the learned counsel for the applicant that with regard to the incident dated 24.6.2019, the FIR was lodged on 29.6.2019. It has been submitted that the applicant has been falsely implicated in this case, who is resident of same village. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 30.6.2019. 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 Sumsullah 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 :- 19.8.2019

Ruchi Agrahari

 

 

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