Allowed

Sagarpal v. State of U.P. and Another

Allahabad HC10 Sept 2020BAIL/9224/2020

Case brief

AI extract

What is this about?

This order grants bail to Sagarpal, an accused in a case involving offences under IPC 363, 366 and POCSO. The court released him on a personal bond with two sureties after referencing Article 21 and the Dataram Singh precedent without deciding merits.

What did the court decide?

Bail granted on personal bond with two sureties conditioned to attend trial, not tamper with witnesses, and not engage in illegal activities.

Sagarpal Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9224 of 2020

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Applicant :- Sagarpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.P. Singh Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that the statement of victim u/s 161 Cr.P.C. has been recorded which is annexed as Annexure No.7 to this bail application and the allegation is specifically against co-accused, namely, Devendra and not the applicant. 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 07.12.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer.

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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 and without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Sagarpal involved in Case Crime No.395 of 2019, under Sections 363, 366 IPC and 3/17 POCSO Act, Police Station-Bilsi, District-Budaun 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:

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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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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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 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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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.

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Order Date :- 10.9.2020 Shivangi

Sagarpal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sagarpal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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