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

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45618 of 2023 Applicant :- Sandeep Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the FIR, initially, the offence was lodged, however, during the trial an application has been moved along with an affidavit by the informant contending therein that applicant was not guilty of the offence and the FIR was wrongly lodged.

¶3The said supplementary affidavit is on record.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the said affidavit and the fact that the applicant is in jail since 23.6.2023 and has no criminal history, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Sandeep be released on bail in FIR/ Case Crime No. 0180 of 2023, under Sections 363, 354, 354-B, 342 IPC & 9M/10 POCSO Act, P.S. Narsena, District Bulandshahr, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 21.11.2023 S.A. High Court of Judicature at Allahabad