Allahabad High Court
Munna @ Pradeep Kumar Sharma vs State Of U.P. And 3 Others on 17 October, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:165758 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32855 of 2024 Applicant :- Munna @ Pradeep Kumar Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- Irfan Alim Siddiqui,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.
Despite service of notice upon opposite party no.2, no one has appeared on behalf of the first informant, though the name of Sri Irfan Alim Siddique, Advocate is shown in the cause list.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.466 of 2024 under Section 354 IPC and Section 9m/10 of the POCSO Act, 2012, Police Station-Kwarsi, District-Aligarh.
As per prosecution story, applicant has committed mischievous act with the minor daughter of first informant on 03.06.2024 by giving toffee and chocolate.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case due to ulterior motive. No plausible explanation has been given for delay of two days in lodgment of FIR, which shows the same has been done as an afterthought. He further submits that there is no other corroborative evidence in this case, which supports the prosecution story except the allegations made in the statements of the victim (minor daughter of the first informant) recorded under Section 161 and 164 Cr.P.C. The maximum sentence under the offence is upto seven years. Apart from this case, applicant does not have any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. He further submits that applicant is innocent and he is languishing in jail since 07.06.2024. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer and submits that there are serious allegations against the applicant, as such, he is not entitled for any relief.
On due consideration to the submissions advanced, perusal of the record as also the fact that applicant is languishing in jail since 07.06.2024; there is lack of corroborative evidence in the prosecution case; apart from this case, applicant has no criminal history so also the severity of punishment, 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- Munna @ Pradeep Kumar Sharma 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 trial court 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 :- 17.10.2024 Ashutosh