Santosh v. State of U.P.And 3 Others

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -40911 of 2023 Applicant :-Santosh Opposite Party :-State Of U.P.And 3 Others Counsel for Applicant :-Prashant Kumar Singh,Avinash Mani Tripathi Counsel for Opposite Party :-G.A.,Gunjan Sharma Hon'ble Siddharth,J. Supplementary affidavit filed, which is taken on record. Heard Sri Prashant Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State, Sri Gunjan Sharma, learned counsel for respondent no. 3 and perused the material brought on record. The present bail application has been filed on behalf of the applicant Santosh-a prayer to release him on bail in Case Crime No. 253 of 2023, under Sections 354 IPC, 9m/10 of POCSO Act, Police Station-Sector 113, District-Gautam Budh Nagar during pendency of trial. The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation against the applicant is that he molested the victim aged about 3.5 years and on seeing the nearby persons the applicant ran away from the place of occurrence. But the victim in her statement recorded under section 1161 and 164 Cr.P.C. denied the allegation of molestation, Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 07.07.2023 having no criminal history. Learned AGA for the State has opposed the prayer for bail. Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-

¶1The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶3The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶4In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short-term bail comes to an end.

¶5The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶6The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶7The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.10.2023 RPD High Court of Judicature at Allahabad