Allowed

Mohar Singh @ Puti Singh v. State of U.P.

Allahabad HC7 Dec 2020BAIL/39020/2020

Case brief

AI extract

What is this about?

In a criminal bail application before the High Court of Allahabad, the Bench granted bail to Mohar Singh @ Puti Singh, accused in a case involving POCSO and IPC offences. The applicant, with no prior criminal record, was to be released on personal bond and two local sureties with standard conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two local sureties each of the like amount.

Mohar Singh @ Puti Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39020 of 2020

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Applicant :- Mohar Singh @ Puti Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant- Mohar Singh @ Puti Singh with a prayer to release him on bail in Case Crime No. 245 of 2016, under Sections - 363, 323, 504, 506, 366, 366-A, 368, 376-D I.P.C., Sections 5/6 & 16/17 of POCSO Act, Police Station- Bindki, DistrictFatehpur, during pendency of the trial.

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At the very outset, learned counsel for the applicant submitted that co-accused Shivdayal Singh has been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 21285 of 2020 vide order dated 27.8.2020 and the applicant having identical role with co-accused Shivdayal Singh should be released on bail. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. So, the applicant, who is languishing in jail since 25.1.2020, having no criminal history to his credit, deserves to be released on bail.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the

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applicant is entitled for bail. The bail application is allowed.

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Let the applicant- Mohar Singh @ Puti Singh , who is involved in Case Crime No. 245 of 2016, under Sections - 363, 323, 504, 506, 366-A, 376-D I.P.C. and Section - 5/6 and 16/17 of POCSO Act, Police Station - Bindki, District - Fatehpur , 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. Further, before issuing the release order, the sureties be verified :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. 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.

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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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 7.12.2020 Vikas

Mohar Singh @ Puti Singh v. State of U.P.

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Mohar Singh @ Puti Singh v. State of U.P.

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