Allahabad High Court
Deepak Tomar vs State Of U.P. on 7 December, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34080 of 2020 Applicant :- Deepak Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Counter affidavit, rejoinder affidavit and supplementary affidavit filed today are taken on record.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 208 of 2020 under Sections 147, 354, 323, 504 IPC, 7/8 of POCSO Act and Section 3(2) 5 Ka SC/ST Act, Police Station Khandauli, District- Agra, during pendency of trial.
It reveals from counter affidavit filed by the State that as per sub-rule (13) of Rule 4 of the POCSO Rules 2020 the notice was served to informant. Copy of service of notice has been filed in counter affidavit as annexure no. 1.
It is submitted by learned counsel for the applicant that the applicant is innocet and has falsely been implicated in the present case. As per the FIR, the sister of the informant alongwith her niece were gone to night walk and accused persons, who belongs to Thakur Community, has used derogatory words relating to their caste and assaulted them. They also looted several articles. It is next submitted that they assaulted the injured with the help of lathi and danda. In the statement of the victim recorded under Section 164 of Cr.P.C., it is stated that two boys came at the spot and assaulted the victim/injured as well as Satish, brother of the victim Urmila. It is also stated that they used some abusing words relating to their caste. There is variance in the statements of the victim recorded under Sections 164 Cr.P.C., and the version of FIR. In the FIR, there is no indication of accident by scooty. It is next submitted that the chargesheet has already been filed under Sections 147, 354, 323, 504 of IPC, Sections 3(2) 5 A of SC/ST Act and Section 7/8 of POCSO Act, but has not filed under Section 395 of IPC and the investigation has already been completed. From the averments of the FIR as well as the statements of victim/informant recorded under Sections 161 and 164 of Cr.P.C., there is no allegation against the applicant relating to Section 7/8 of POCSO Act. The applicant is in jail since 6.8.2020 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Deepak Tomar 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. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.12.2020 S.K.