Allahabad High Court
Shahzad vs State Of U.P. And Another on 29 July, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43377 of 2021
Applicant :- Shahzad
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Aditya Prasad Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Despite time granted to the learned AGA but no counter affidavit has been filed to oppose this bail application.
There is allegation against the applicant of causing unnatural offence against minor child.
Learned counsel for the applicant has pointed out to the statement of victim from which it appears that number of children were playing near the tubewell and after giving some bait to the victim applicant has committed alleged offence with him.
Learned counsel for the applicant submits that the medical report of the victim does not supports the prosecution case. There is no internal and external injury on the body of the victim. The applicant is in jail since 01.08.2021. Applicant has four criminal history apart from present case. In one case final report has been submitted and in other cases he is on bail.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P (Crl.) No.5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shahzad, involved in Case Crime No.286 of 2021, under Sections 377, 506 IPC and under Section 3/4(2) POCSO Act, Police Station Inchauli, District- Meerut 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.7.2022
SS
