Allahabad High Court
Praveen @ Pitu @ Pintu vs State Of U.P. on 9 November, 2022
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41106 of 2022 Applicant :- Praveen @ Pitu @ Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Govind Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.32 of 2014, under Section 457, 376, 504, 506, 511 IPC and 8 of POCSO Act, Police Station-Awagarh, District-Etah is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the applicant has already been granted bail by the learned Sessions Judge while deciding Bail Application no.10 of 2014 vide order dated 12.03.2014 but during trial, the applicant misused the liberty and condition of bail and did not appear to participate in the trial. Eventually, learned Sessions Judge concerned has issued non-bailable warrant and processes under section 82 Cr.P.C., then only the applicant could be nabbed in the aforesaid case. Taking into account that the applicant is languishing in jail since 27.06.2022 and on the earlier occasion, he was granted bail by the learned Sessions Judge, the applicant is liable to be released on bail.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, Praveen @ Pitu @ Pintu, who is involved in case crime no.32 of 2014, under Section 457, 376, 504, 506, 511 IPC and 8 of POCSO Act, Police Station-Awagarh, District-Etah, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :-
(i) THE APPLICANT SHALL FILE HIS OWN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED WHATSOEVER ON ANY GROUND AND NO ADJOURNMENT WOULD BE GRANTED TO HIM.
(ii) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE AND HALF YEAR FROM THE DATE OF PRODUCTION OF CERTIFIED COPY OF THIS ORDER AND DURING THE PERIOD OF TRIAL, THE APPLICANT SHALL ENSURE HIS PRESENCE IN THE LOCAL POLICE STATION AWAGARH, ETAH ON THE LAST SUNDAY OF EVERY ALTERNATIVE MONTH STARTING FROM 27.11.2022.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 9.11.2022 Sumit S