Court allowed the bail application of Pushp Chandra @ Pintu in a case involving offences under Sections 354-B IPC and POCSO Act, releasing him on personal bond and two sureties subject to specific conditions.
Release on bail on personal bond and two sureties subject to conditions against tampering with witnesses and co-operating in trial.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5476 of 2023
Applicant :- Pushp Chandra @ Pintu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.,Shweta Singh Rana
Hon'ble Deepak Verma,J.
Case called out in revised list. No one appeared on behalf of informant.
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 S.T. No.89 of 2022, Case Crime No.98 of 2019, under Sections 354-B, 506 I.P.C. and 7/8 Protection of Children from Sexual Offences Act, P.S. Dhata, District Fatehpur, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The applicant is immediate neighbour of victim. The applicant was released on anticipatory bail by Co-ordinate Bench of this Court vide order dated 20.08.2019. He has not misused the liberty of bail. The applicant was not involved in the alleged offence. The story is false and fabricated. 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 30.01.2023 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 mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pushp Chandra @ Pintu, 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 :- 5.4.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a charge related to offences under Sections 354-B IPC and POCSO Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
Pushp Chandra @ Pintu
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
