Allahabad High Court
Devendra Thakur vs State Of U.P. And 3 Others on 18 October, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:165846 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27452 of 2024 Applicant :- Devendra Thakur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
Learned A.G.A., on the basis of written instructions, submits that notice to the informant has been served, however, no one has appeared on behalf of the informant.
The accused-applicant seeks bail in Case Crime No.126 of 2024 under Section 377 IPC and Section 5(M)/6 POCSO Act, Police Station Salempur, District Deoria.
It is alleged in the prosecution case that the applicant used to exploit small children by luring them with toffee biscuits.
Learned counsel for the applicant submits that the applicant is aged about 52 years having no criminal antecedents. In the statement under Section 164 Cr.P.C. no date of occurrence has been told by the victim, thus there is variation in the statements of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. There is no corroborative evidence in support of the prosecution case. The applicant is running a grocery shop. The informant has falsely implicated the applicant as bill of the grocery for last one year to the tune of Rs.50,000/- has not been paid by the informant to the applicant. Charge-sheet in the matter has been filed. The applicant is in jail since 30.3.2024.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above.
I have considered the arguments advanced by learned counsel for the parties.
On due consideration to the statement of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. and the facts that the applicant is in jail since 30.3.2024; he has no criminal antecedents; charge-sheet has been filed, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed. Let the applicant be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 18.10.2024 Madhu D.R/P.S