A single judge allowed a bail application filed in a criminal case involving offences under IPC and POCSO Act. The court released the applicant on personal bond and two sureties subject to standard conditions.
Release on bail on furnishing personal bond and two sureties subject to conditions against tampering and subsequent conviction.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22345 of 2022
Applicant :- Suaib Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jagannath Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
None appeared for the informant/opposite party no. 2 despite service of notice.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 623 of 2021, under Sections 363, 323, 376 I.P.C. and section 3/4 POCSO Act, P.S. Sardhana, District Meerut, during pendency of the trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It has been next submitted that applicant has solemnized marriage with victim; the applicant is not named in the F.I.R; as per F.I.R. victim is major; she left her house on her own sweet will; no case is made out against the applicant under alleged offence. It is further submitted that no ossification test has been conducted. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 22.10.2021.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and evidence 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 applicant is entitled for bail. The bail application is
allowed.
Let the applicant-Suaib, be released on bail on his furnishing a personal bond and two 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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.7.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.07.04 17:35:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail while trial is pending.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Suaib
State Of U.P.
3 Others
Deepak Verma
As recorded by the court registry
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