Amit Kumar @ Anajana v. State of U.P. and 3 Others

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44230 of 2023 Applicant :- Amit Kumar @ Anajana Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Despite service of notice upon the informant, none has appeared for the informant.

¶2Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the records.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 304 of 2023, under Sections 354A, 341, 504 & 506 I.P.C., Section 7/8 of POCSO Act, Police Station-Rosoolabad, District-Kanpur, during pendency of the trial.

¶4Counsel for the applicant submit that the applicant has been falsely implicated in the instant case. There is no allegation of the molestation by the victim. No injury has been sustained by the victim in the alleged incident. The offence is triable by Court of Magistrate. It is lastly contended that the applicant is in jail since

10.08.2023, having no criminal history, in case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made above and the fact that the applicant has remained confined for four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Amit Kumar @ Anajana, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In 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 :- 22.11.2023 S.Verma High Court of Judicature at Allahabad