Allahabad High Court
Ashok vs State Of U.P. And Another on 20 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49425 of 2020
Applicant :- Ashok
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ankit Agarval
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 842 of 2020, under Sections 354, 354 (Kha), 506 IPC and 9/10 Pocso Act, Police Station Sikandrabad, District Bulandshahr.
Counsel for the applicant argues that the offences in which the applicant has been implicated are punishable with sentence of less than 7 years. He argues that the applicant has no criminal antecedents. This fact has not been disputed by the learned AGA.
Counsel for the applicant further argued that the applicant is in jail since 2.11.2020 and has been implicated only on the basis of oral testimony of the minor. He further argued that the statement of the victim has already been recorded under Sections 161 and 164 CrPC and there is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case. He further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Mr. Ajay Kumar Garg, Advocate holding brief of Sri S.P. Shukla, counsel for the informant states that the offence committed by the applicant is against the society in general and indicates pervertness of the applicant, as such, the bail prayer of the applicant is liable to be rejected outrightly.
Learned A.G.A. has also opposed the bail prayer of the applicant.
Considering the fact that the offence under which the applicant has been implicated are punishable for a term of less than seven years, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Ashok involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.1.2021
vinay
