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Tirath Pal vs State Of U.P. on 14 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57497 of 2019

Applicant :- Tirath Pal

Opposite Party :- State of U.P.

Counsel for Applicant :- Noor Mohammad

Counsel for Opposite Party :- G.A.

Hon’ble Neeraj Tiwari,J.

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

The present second bail application has been filed for enlarging the applicant on bail in Case Crime No. 212 of 2015, under Section 377 I.P.C. and section 3(a)4 of POCSO Act, Police Station -Kotwali Dehat, District -Saharanpur.

Learned counsel for the applicant submitted that after rejection of first bail, trial was started. It is further submitted that statements of P.W.-1 (father of victim), P.W.-2 (mother of victim) P.W.-3 were recorded in which they have not supported the prosecution case. It is next submitted that P.W.-2 has already been declared hostile. Applicant does not have any criminal history. That there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 06.07.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Tirath Pal, involved in Case Crime No. 212 of 2015, under Section 377 I.P.C. and section 3(a)4 of POCSO Act, Police Station -Kotwali Dehat, District -Saharanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

This bail order would be subject to the fulfillment of following conditions:-

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.

4. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon’ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 14.7.2021/Sartaj

 

 

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