Bhupendra vs State Of U.P.
2021 Latest Caselaw 460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49891 of 2020
 
Applicant :- Bhupendra
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Karunesh Narayan Tripathi
 
Counsel for Opposite Party :- G.A.,Pradeep Kumar Pal
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, Shri Dileep Kumar Yadav, learned counsel or the informant and learned AGA for the State.

The present bail application has been filed by the applicant with a prayer to enlaged him on bail in case crime no.216 of 2020, under Sections 354, 363 and 366 I.P.C. and Section 7/8 of POCSO Act, P.S Rajpura, District Sambhal.

Counsel for the applicant argues that in the statement recorded under Section 161 and 164 Cr.P.C., no use of course has been alleged against the applicant. He further argues that even on the perusal of the statement recorded under Section 164 Cr.P.C. it cannot be said that conclusively or prima facie the applicant has committed the crime in question. He states that the applicant has no criminal antecedent and is in custody since 01.07.2020.

Considering the statement made at the bar and perusal of statement under Section 164 Cr.P.C, coupled with the fact that the applicant is in custody since 01.07.2020, 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 Bhupendra 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 :- 8.1.2021

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