The High Court allowed bail to the applicant Tarun @ Arun involved in a criminal case under sections 147, 307, 354-A IPC and sections 7/8 POCSO Act, after dismissing the state's opposition.
Release on bail on executing personal bond and furnishing two sureties each.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52151 of 2022
Applicant :- Tarun @ Arun Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Sunil Kumar Tripathi, learned AGA for the State.
This is an application for bail on behalf of the applicant, Tarun @ Arun, in connection with Case Crime No. 62 of 2018, under Section 147, 307, 354-A IPC and 7/8 POCSO Act, Police Station Linepar, District Firozabad.
The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present case due to ulterior motive. It has been submitted that in the statement recorded under Sections 161 and 164, the victim has not levelled any specific allegation against the applicant accused. Only general allegations have been made against the applicant-accused and other co-accused persons. It is also submitted that the applicant has no criminal antecedents. It is further submitted that co-accused, Akash, Nandu and Dalveer have been granted bail by this Court on 21.10.2019, 29.09.2021 and 8.10.2021 in Criminal Misc. Bail Application Nos. 43592 of 2019, 36163 of 2021 and 34986 of 2021 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 13.10.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.
Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by learned counsel for the applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Akash, Nandu and Dalveer have been granted bail, but without expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed.
Let the applicant Tarun @ Arun involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 24.11.2022 Pratima
Digitally signed by PRATIMA AGRAHARI Date: 2022.11.24 17:06:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of charges and parity with co-accused already granted bail.
5 provisions across 2 enactments
Tarun @ Arun
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
