Criminal Misc. Bail Application filed under Section 439 Cr.P.C. for release of applicant accused under Sections 354, 354G, 506 IPC and POCSO Act. Bail granted as informant did not appear.
Release of applicant on bail upon furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52176 of 2022
Applicant :- Sohrab Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Viresh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
As per office report dated 18.01.2023, notice of this bail application has been personally served upon informant, however, when the case is called out no one appears on behalf of the informant and nor any counter affidavit has been filed.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 159 of 2022, under Sections 354, 354Gha, 506 I.P.C. and 7/8, 9(g)/10, 11(iv)/12 Protection of Children from Sexual Offence (POCSO) Act, Police Station- Duddhi, DistrictSonbhadra during the pendency of trial.
It is submitted that the applicant is a hawker and he sells readymade items. Certain goods were purchased by the informant from the applicant and when the applicant demanded money, he has been falsely implicated in the instant case. The applicant did not act inappropriately with the victim. It is next contended that the co-accused Ajmeruddin and Rustam, having identical role, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 51523 of 2022 and 51557 of 2022 vide orders dated 13.1.2023 and 04.01.2023. The applicant claims parity. The applicant does not have any criminal history to his credit and is in jail since 23.09.2022. In case, he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Sohrab , involved in the aforesaid case 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 the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.1.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, arrested under POCSO and IPC sections, is entitled to be enlarged on bail.
1 provisions across 1 enactments
Sohrab
State Of U.P.
Vivek Varma
Siddharth Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
