High Court Court No. 74 allowed bail application for applicant Sumit in a case concerning abduction of a minor. The court held that a prima facie case for bail was made out and directed release on personal bond and sureties subject to standard conditions.
Release on bail with personal bond and two sureties each verified before execution.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23611 of 2022
Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Afzal Ahmad Khan Durrani Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Rejoinder affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Sumit with a prayer to release him on bail in Case Crime No.136 of 2021, under Sections 363, 366, 342 & 120-B I.P.C., P.S. Bahsuma, District Meerut during pendency of the trial.
On 28.11.2021, FIR was lodged by some unknown person for enticing away the minor daughter of the informant. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case as charge-sheet has been submitted under sections 363 & 366 I.P.C. and applicant is not named in the FIR. Prosecution has not collected any evidence to implicate the applicant in the present case. There is contradiction in the statement recorded under sections 161 & 164 Cr.P.C. Victim refused herself for medical examination. 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. The applicant is languishing in jail since 03.12.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant and has argued that as far as certificate given by Principal of Swami Vivekananad High School, Sadarpur (Meerut), the victim is minor and statement of the victim cannot be read as evidence.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in
S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sumit, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 :- 19.12.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.12.20 10:48:55 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a case for release on bail in a trial pending for an offence of abducting a minor.
Whether bail conditions can be framed to prevent tampering with evidence and commission of new crimes.
Whether the high court can alter the bail amount or standard security to be furnished by the applicant.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
2 provisions across 2 enactments
Sumit
State of U.P.
Deepak Verma
Surjit Kumar Dey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma and Surjit Kumar Dey
Parties & counsel
