Allowed

Sajan Kumar Bind v. State of U.P. and 3 Others

Allahabad HC22 Nov 2022BAIL/19950/2022

Case brief

AI extract

What is this about?

Court allowed second bail application of applicant charged under IPC and POCSO. Considering length of custody, false FIR implications, and co-accused bail, court found a case for bail made out without expressing opinion on merits.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties each in like amount, subject to standard conditions.

Sajan Kumar Bind Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2022)

¶1

Court No. - 73

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19950 of 2022

¶3

Applicant :- Sajan Kumar Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Raj Beer Singh,J.

¶5

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶6

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. There is long and undue delay in lodging the first information report. It was further submitted that as per ossification test, age of victim was shown between 16-18 years. Referring to statement of victim, recorded under Sections 161 and 164 Cr.P.C., it is submitted that the allegations of victim, are thoroughly false and improbable.

¶7

Learned counsel further submitted that first bail application of applicant was rejected by this Court vide order dated 07.03.2022 and after that similarly placed co-accused, namely, Aman Kumar, Shubham Kumar, Harsh Bhartiya @ D.K. and P.S. @ Praveen Kumar Bhartiya have already been granted bail by co-ordinate Benches of this Court, copies of which are available on record. It was submitted that role of applicant has also been shown similar to those co-accused persons, who have been granted bail. It was submitted that the applicant is languishing in jail since 13.11.2020, having no criminal history and that no witness has been examined before the trial Court so far. Lastly, it was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate

¶8

in trial.

¶9

Learned A.G.A. has opposed the prayer for bail.

¶10

Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the second bail application is hereby allowed.

¶11

Let the applicant Sajan Kumar Bind involved in Case Crime No. 256 of 2020, under Sections 376-D, 363 IPC and Section 5/6 of Protection of Children From Sexual offences Act, and Section 3(2)(V) SC/ST Act, P.S. Industrial Area, District Prayagraj, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

¶12

The applicant shall not tamper with the evidence during the trial.

¶13

2.The applicant shall not pressurize/ intimidate the prosecution witness.

¶14

3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

¶15

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶16

5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the

¶17

evidence.

¶18

In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

¶19

Order Date :- 22.11.2022 A. Tripathi

¶20

Digitally signed by AKHILESH TRIPATHI Date: 2022.11.22 17:01:27 IST Reason: Location: High Court of Judicature at Allahabad

Sajan Kumar Bind v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sajan Kumar Bind v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nisha Kant Singh and Another Vs State of U.P. and Another

Md. Sajid Vs State of U.P.

Prince Kumar Vs State of U.P.

Raj Kumar Singh and Another Vs State of U.P. and Another

Ajay Kumar Vs State of U.P. and 3 Others

Jitendra Kumar Vs State of U.P.