A bail application filed by Amzad, accused in crime No. 18 of 2020 under IPC and POCSO Act. The court directed his release on bail with conditions and directed the trial court to expedite the proceedings.
Released on bail, executing a personal bond and two sureties with conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8920 of 2020
Applicant :- Amzad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that the applicant did not committed the alleged offence. He is compounder in Private Hospital, Amroha and the truth is that the victim used to come to the applicant's house to get her dressing. On 19.01.2020 when victim came to the applicant to get her dressing applicant refused to do the dressing as she did not pay the outstanding money, due to this the present false first information report has been lodged against him by the victim's family. 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 have 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. The applicant is languishing in jail since 24.01.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned AGA vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Amzad involved in Case Crime No. 18 of 2020, under Sections 354/506 IPC and Section 7/8 POCSO Act, Police Station Naugawan Sadat, District Amroha be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
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.
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.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court.
Order Date :- 28.9.2020 Arti
2 issues framed by the court
Whether the applicant should be released on bail in a case involving charges under IPC and POCSO.
Whether the trial court should be directed to expedite the trial proceedings.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶8
(2018) 3 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India and anotherReferred¶14
AIR 2018 (SC) 2440 · Who else cites this
Amzad
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
