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

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46661 of 2023 Applicant :- Brijesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 83 of 2019 in Criminal Case No. 129 of 2019 at Police Station-Harduaganj, District-Aligarh under Sections 376-D I.P.C. and Section 5/6 POCSO Act. The applicant is in jail since 27.06.2023. The bail application of the applicant was rejected by the learned trial court on 21.09.2023. The following arguments made by Shri Manish Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant was enlarged on bail by this Court by order dated 10.01.2020.

¶2During the Covid pandemic the applicant was advised by his counsel that his presence will not be required in court. There was a communication gap between the applicant and his counsel.

¶3He was not informed about the trial dates by the office of his counsel which led to his absence at the trial. His absence was due to bonafide reasons.

¶4The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

¶5The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Brijesh 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:-

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

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 2.11.2023 Pravin High Court of Judicature at Allahabad