Kamlakar and Another Vs State of U.P. and Another

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43053 of 2020

Applicant :- Kamlakar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Devendra Pratap Singh, learned counsel for the applicants, 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 applicants- Kamlakar and Ram Lochan with a prayer to release them on bail in Case Crime No. 33 of 2016, registered under Sections 363, 366-A, 376, 342, 323, 506, 120-B I.P.C. and Section 3/4 POCSO Act, Police Station- Bara, DistrictPrayagraj, during pendency of the trial.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. He next submitted that main accused Satyendra Kumar Patel, Rajesh Kumar Singh and Smt. Shivpatti, Smt. Vijay Laxmi, Sharmila and Bharat Lal Patel have been enlarged on bail by the coordinate Bench of this Court vide orders dated 30.6.2016, 3.2.2017 and 26.2.2020 in Criminal Misc. Bail Application Nos. 20933 of 2016, 4169 of 2017 and 8443 of 2020, respectively. The applicants are family members of main accused. 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 applicants from the judicial custody or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. So, the applicants, who are languishing in jail since 1.10.2020, having no criminal history to their credit, deserve to be released on bail.

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

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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

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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 applicants are entitled for bail. The bail application is allowed.

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Let the applicants- Kamlakar and Ram Lochan , who are involved in Case Crime No. 33 of 2016, registered under Sections 363, 366-A, 376, 342, 323, 506, 120-B I.P.C. and Section 3/4 POCSO Act, Police Station- Bara, DistrictPrayagraj, be released on bail on each of them 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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The applicants 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 :- 8.12.2020 Vikas

Kamlakar and Another v. State of U.P. and Another

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Kamlakar and Another v. State of U.P. and Another

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