Anil Kumar @ Mangali v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42931 of 2023 Applicant :- Anil Kumar @ Mangali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashwani Kumar Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present second bail application has been filed by the applicant in Case Crime No.395 of 2020, under Sections 342, 323, 504, 506, 376D.A. I.P.C., Sections 3(2)(V) S.C./S.T. Act & Sections 3/4 POCSO Act, Police Station - Aliganj, District - Etah, with the prayer to enlarge him on bail during the pendency of trial. First bail application in the present case was rejected for want of prosecution on 27.05.2022. Learned counsel for the applicant submits that the victim of the present case has turned hostile in the examination-in-chief itself and has not supported the prosecution case. It is also urged that the accused-applicant otherwise has no criminal history and he is incarcerated in jail since 19.11.2020. Argument is that trial may take sufficiently long and there are remote chances of conviction of the accused in absence of the prosecutrix supporting the prosecution case, therefore, the applicant may be enlarged on bail. Learned A.G.A. has opposed the prayer made for grant of bail but could not dispute the above contention. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, the applicant is held entitled to grant of bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant-Anil Kumar @ Mangali involved in 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, with the following conditions, which are being imposed in the interest of justice:-

(i) The applicant will not tamper with prosecution evidence.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 9.11.2023 Zafar High Court of Judicature at Allahabad