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Washib vs State Of U.P. on 4 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53764 of 2019

Applicant :- Washib

Opposite Party :- State of U.P.

Counsel for Applicant :- Thakur Prasad Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Thakur Prasad Dubey, learned counsel for the applicant as well as Sri C.P. Singh, 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 – Washib with a prayer to release him on bail in Case Crime No. – 564 of 2019, under Sections – 354 SectionI.P.C. and 7/8 POCSO Act, Police Station – Mundha Pandey, District – Moradabad, during pendency of trial.

3. Having heard learned counsel for the parties, at present:

(i) the applicant is accused of molestation of a minor girl, punishable with imprisonment of 7 years;

(ii) against FIR lodged on 26.09.2019, the applicant is in confinement since 04.10.2019;

(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;

(iv) the applicant has no criminal history;

(v) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;

(vi) on prima facie basis only, it may be noted, according to the applicant, a petty dispute between the parties has unnecessarily been given a colour of criminal prosecution. Thus, it has been submitted, the parties are in dispute over some public drain;

(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.

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 investigation/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 :- 4.12.2019

Abhilash

 

 

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