Jameel v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41371 of 2023 Applicant :- Jameel Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.60 of 2021, under Sections 363, 370, 323 IPC and Section 3/14 Child Labour Prohibition Act, Police Station Daurala, District Meerut, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is also contended that the applicant has not committed any offence as alleged nor he exploited the alleged victims nor has he kidnapped or abducted them. If for the sake of argument the statement of the victims are accepted in toto, they were not employed on such a place where their lives or personal liberty was in danger. He further contends that from the statements of the victims it is very much clear that they were found by the applicant as unknown and he employed them on two occasions/places and thus he provided shelter to them. There is no previous criminal history against him. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 25.03.2021. In case, the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects could not be disputed.

¶5Considering the facts, circumstances and the submissions made, this Court is of the view that the applicant has made out a case for grant of bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Jameel, 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 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.

¶7In 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 :- 12.10.2023 Shahroz High Court of Judicature at Allahabad