Allowed

Amrees v. State of U.P. and 3 Others

Allahabad HC16 Sept 2022BAIL/30995/2022

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application concerns a petitioner seeking bail in a POCSO case involving sections of IPC. The court allowed the application, vesting the case in the nature of offence, parity with a co-accused, and submission of innocence, guided by relevant Supreme Court precedents and imposed standard bail conditions without expressing an opinion on merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in like amount, subject to verified sureties and specific conditions.

Amrees Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30995 of 2022

¶3

Applicant :- Amrees Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Srivastava,Pramod Kumar Singh Counsel for Opposite Party :- G.A.,Kuldeep Kumar

¶4

Hon'ble Deepak Verma,J.

¶5

Heard Sri Sanjay Srivastava, learned counsel for the applicant, Sri Kuldeep Kumar, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

¶6

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 178 of 2022, registered under Sections 323, 354, 452, 504, 506, 308 I.P.C. and Section 7/8 of POCSO Act, Police Station Gulaothi, District Bulandshahr during pendency of the trial.

¶7

At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Himanshu @ Lala, who have been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.27716 of 2022, vide order dated 17.08.2022 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 18.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

¶8

Learned A.G.A. as well as informant's counsel have vehemently opposed the bail prayer of the applicant but could not dispute the facts raised by learned counsel for the applicant. Informant's counsel fairly admitted that the applicant's case is similar to the co-accused.

¶9

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 the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the

¶10

Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶11

Let the applicant, Amrees, 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.

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Order Date :- 16.9.2022 Nitin Verma

¶17

Digitally signed by NITIN KUMAR VERMA Date: 2022.09.16 17:20:10 IST Reason: Location: High Court of Judicature at Allahabad

Amrees v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Amrees 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ram Chandra Vs State of U.P.

Reetu Singh Vs State of U.P.

Shiv Shankar Vs State of U.P.

Durga Pasi Vs State of U.P.

Sanjay Yadav Vs State of U.P. and 3 Others

Jhabbu Alias Prahlad Vs State of U.P.