This court issued a bail order in a criminal trial concerning offenses under IPC and POCSO. The applicant was released on a personal bond and two sureties upon furnishing the required security and adhering to imposed conditions.
Release on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39612 of 2022
Applicant :- Sandeep Singh Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Case called out in revised list. Counsel for the informant is not present.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.58 of 2022, under Sections 354 Ka, 323, 504, 506 I.P.C., Section 3(2) 5 S.C./S.T., Act and 7/8 POCSO Act, P.S. Kakarbai, District Jhansi, during pendency of the trial.
The allegation against the applicant is that he tried to outrage the modesty of the victim.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to village party bandi; the instant F.I.R. is an afterthought only to implicate the applicant; no case is made out under alleged Sections against the applicant; the injury received by the informant is simple in nature which may be caused by friction over rough surface. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 16.07.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 , 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, Sandeep Singh, 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 :- 3.12.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.12.03 16:15:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the grounds for bail under the relevant sections of law.
Whether the applicant is entitled to release on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶11
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Sandeep Singh
State Of U.P
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
