The Court allowed bail to the applicant in a criminal trial involving offences under IPC and SC/ST Act. The applicant was first summoned under Section 319 Cr.P.C. The Court releasde him on personal bond and two sureties, subject to standard conditions.
Released on bail by furnishing personal bond and two sureties in like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6603 of 2020
Applicant :- Saurabh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Prakash Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 177 of 2015, u/s 452, 354, 323, 376, 506 IPC and Section 3(1)10 SC/ST Act and 4 POCSO Act, P.S. Nayagaon, District Etah with the prayer for enlarging him on bail.
Learned counsel for the applicant submits that the applicant was not named in the FIR and the police has submitted charge-sheet under Sections 354, 452, 323, 376,505 IPC, Section 3 (1) (10) SC/ST Act and Section 4 POCSO Act. He has next submitted that the trial was going on against applicant in which testimony of victim, P.W. 1, was recorded and the name of applicant figured up. During trial, the DGC (Criminal) filed an application under Section 319 Cr.P.C. before the trial court and the trial court has allowed the same summoning the applicant to face the trial. He lastly submitted that the applicant is in jail since 11.12.2019, is entitled to be enlarged on bail during the pendency of trial. It is stated that coaccused Raju has been granted bail by the coordinate Bench of this Court in Bail Application no. 32996 of 2019 vide order dated 25.9.2019.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Saurabh involved in the aforesaid case crime number 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 with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 13.2.2020 Dhirendra/
3 issues framed by the court
Whether the application for bail in a chargeable offence under Sections 376, 354, 506 IPC and POCSO Act should be allowed.
Whether the fact that coaccous was granted bail justifies granting bail to the applicant.
What conditions should be imposed on the applicant before releasing him on bail.
6 provisions across 4 enactments
Saurabh
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
