Deepak vs State of U.P. and 3 Others

Court No. - 5

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3373 of 2025

Applicant :- Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is the second bail application.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.570 of 2023 at Police Station Etmaddaula, District-Agra under Sections 363, 366, 376(3) IPC and Section 3/4(2) of the POCSO Act. The applicant is in jail since 10.11.2023.

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The first bail application of the applicant was rejected by this Court on 10.04.2024.

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The following arguments made by Shri Surendra Kumar Tripathi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial. The applicant never influenced witnesses or tampered with the evidence.

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The applicant never adopted any dilatory tactics or impeded the process of the trial.

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The status report sent by the trial court records that all prosecution witnesses have been examined. The stage is set for proceedings under Section 313 Cr.P.C./defence evidence. There is no possibility of the applicant influencing any of the witnesses.

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Continued imprisonment of the applicant will disable him from crafting an effective defence strategy, gathering evidence in his support thereof and tendering the same before the learned trial court to absolve himself of the charges. Denial of an opportunity to the applicant to collect and adduce the evidence before the learned trial court will be contrary to the norms of processual fairness in criminal jurisprudence.

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This Court in Prabhat Gangwar v. State of U.P. (Criminal Misc. Bail Application No.2586 of 2023) while considering the grant of enlarging an accused on bail for preparing his defence and gathering evidence to tender the same before the learned trial court for establishing his innocence held:

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"Nature and gravity of the offence is certainly liable to be considered by the court while considering grant of bail. The Court has also to factor the likelihood of whether the accused committed the offence while deciding a bail application. The court also has to determine in the facts of the case whether the accused needs to be set at liberty to frame his defence and gather evidence to refute the

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prosecution case and establish his innocence. The bail court has to examine whether continued incarceration would disable the accused from tendering an effective defence of his case. This is a demand of processual fairness in criminal jurisprudence.

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Setting an accused at liberty at large on this ground cannot be applied mechanically in all cases. The issue has to be considered in the facts and circumstances of each case while doing so. All relevant facts including the evidences in the record, the conduct of the accused during the investigation as well as trial have to be adverted to before a decision is made in this regard."

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Considering the aforesaid parameters in light of the above facts of this case, I am of the opinion that Prabhat Gangwar (supra) is applicable to the facts of this case.

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The applicant has no criminal history apart from the instant case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Deepak be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023) .

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The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.

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In case the applicant does not cooperate in the process of trial or adopts dilatory tactics or threatens witnesses or violates any bail condition, the learned trial court shall record its finding to that effect and cancel the bail of the applicant without recourse to this Court.

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Order Date :- 28.4.2025 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Deepak v. State of U.P. and 3 Others

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Deepak v. State of U.P. and 3 Others

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