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Guddu Kumar Puri v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
28 November 2023
Bench
Sadhna Rani (Thakur)author
Case no.
13976/2023

Judgment

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13976 of 2023 Applicant :- Guddu Kumar Puri Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Akash Dikshit Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned Counsel for the applicant, learned A.G.A. and perused the record. The accused-applicant is involved in Case Crime No. 0234 of 2023, under Section 370(5) I.P.C., Police Station GRP, Charbagh, District-Lucknow. It is argued by the learned counsel for the applicant that co accused Indal Mandal has already been released on bail by a coordinate bench of this court. All the children were being taken with the consent of their parents. The statements of the parents are appended at page no. 33 of the paper book. All the children were found to be 14 years or above 14 years of age which does not come within the definition of Child Labour, hence, the prayer is made accordingly. Learned A.G.A. opposed the prayer for bail of the applicant and submitted that relationship of the applicant and the recovered children is not clear. They are said to have been taken away by the applicant for labour work. As per the first information report on the information, four persons are said to have been arrested carrying 9 minor children for child labour. Admittedly, co accused Indal Mandal having identical role has already been released on bail by a coordinate bench of this court. All the children were found to be 14 years or above 14 years of age. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let the applicant Guddu Kumar Puri who is involved in 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 subject to following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 28.11.2023 Gss High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.