Bail application for applicant involved in FIR under Sections 363, 366, 120B IPC and 16/17 POCSO Act; granted bail on ground of parity with main accused and other co-accused already enlarged on bail.
Released on furnishing a personal bond and two sureties each in the like amount to satisfaction of court concerned.
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Neutral Citation No. - 2024:AHC-LKO:83386
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7588 of 2024
Applicant :- Azad Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A.,Durgesh Mishra
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State. None appears on behalf of the complainant.
In the prosecution case, it is alleged that on 25.4.2024 at 8.15 hours, the grand daughter of the informant went to R.R. University Baijalpur to give B.A. second year examination, however, she did not reach there. Search was started. It is further alleged that two years ago the applicant and the coaccused persons have molested her. Thus, the grandson of the informant Rishabh went to the home of Shahrukh Raien where co-accused Salman met, however, after exerting some pressure accused have admitted that the victim is with the applicant.
Learned counsel for the applicant submits that the main accused Shahrukh has been enlarged on bail by this Court vide order dated 10.09.2024 passed in criminal misc. bail application No. 9610 of 2024. Other co-accused persons Aziz Raien, Saddam and Sanne have also been enlarged on bail vide orders dated 30.08.2024, 04.07.2024 and 03.07.2024 passed in criminal misc. bail application Nos. 9173/2024, 7116/2024 and 7134/2024. Learned counsel for the applicant submits that case of the applicant is on better footing than that of the main accused Shahrukh.
It is further submitted that the applicant has been assigned role
of criminal conspiracy. He has explained criminal antecedents of the applicant in para 23 of the bail application and para 3 of the supplementary affidavit. The applicant is languishing in jail since 03.09.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.
On due consideration to the fact that the main accused as well as other co-accused named above have been granted bail; charge sheet has been filed in the matter; the applicant has explained his criminal antecedents of eight cases, so also period of incarceration gone into by the applicant and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicant Azad Ali involved in Case Crime/FIR No. 109 of 2024, under Section 363, 366, 120B IPC and Section 16/17 POCSO Act, Police Station Aaspur Devsara, District Pratapgarh 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 12.12.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant should be granted bail on parity with co-accused already released.
5 provisions across 3 enactments
Azad Ali
State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others
Karunesh Singh Pawar
As recorded by the court registry
6 orders share this CNR
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