Sameer @ Babua Vs State of U.P. and Another

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12135 of 2020

Applicant :- Sameer @ Babua Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivajee Srivastava Counsel for Opposite Party :- G.A.,Ram Jatan Yadav

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Shivajee Srivastava, learned counsel for the applicant and Sri Ram Jatan Yadav, learned counsel for the first informant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that victim is daughter of the applicant and first informant and no such incident as alleged in the first information report has taken place. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 31.12.2019. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Sameer @ Babua , be released on bail in Case Crime No.126 of 2019, under Sections-354-Kha IPC and Section 7/8 POCSO Act, Police Station- Mantola, District- Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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

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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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440 , if there is no legal impediment.

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Order Date :- 10.9.2020 Dev/-

Sameer @ Babua v. State of U.P. and Another

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Sameer @ Babua v. State of U.P. and Another

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