Allowed

Neeraj Sharma@ Naresh v. State of U.P. and 3 Others

Allahabad HC3 Jun 2022BAIL/22484/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was allowed for the applicant, who was named in the F.I.R. but not chargesheeted and summoned under Section 319 Cr.P.C. The court granted bail subject to four conditions covering cooperation with the trial, presence at hearings, and prohibitions on tampering with evidence or witnesses.

What did the court decide?

Applicant released on bail on personal bond and two local sureties, subject to conditions regarding presence, cooperation, and non-tampering.

Neeraj Sharma@ Naresh Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22484 of 2022

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Applicant :- Neeraj Sharma@ Naresh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.06 of 2015, under Sections 376, 363, 366 I.P.C. & Section 4 POCSO Act, P.S. Kotwali Dehat, District Bulandshahar.

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Learned counsel for the applicant submits that applicant was named in the F.I.R. but after investigation he was not chargesheeted. He further submits that on 03.01.2015 at about 5:00 p.m., applicant and Yogesh enticed away the victim and after investigation charge sheet was submitted against one Zafaruddin, thereafter, on the basis of statement of the informant and victim before the trial court, on application under Section 319 Cr.P.C. he has been summoned. He further submits that the co-accused Zafaruddin has been granted bail by coordinate Bench of this Court vide order dated 06.04.2015 in Criminal Misc. Bail Application No.11035 of 2015, therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process 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 next contended that there is no previous criminal history of the applicant of the similar nature and is languishing in jail since 27.04.2022.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the factual aspects.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, applicant named in the F.I.R. but not charge-sheeted, chargesheeted accused enlarged on bail and applicant was summoned under Section 319 Cr.P.C., without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Neeraj Sharma @ Naresh involved in aforesaid

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case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 3.6.2022 Jitendra

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Digitally signed by JITENDRA KUMAR PATEL Date: 2022.06.03 17:06:55 IST Reason: Location: High Court of Judicature at Allahabad

Neeraj Sharma@ Naresh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Neeraj Sharma@ Naresh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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