Allahabad High Court
Sumit Kumar vs State Of U.P. And 3 Others on 27 February, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9168 of 2023 Applicant :- Sumit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sumit Kumar, with a prayer to release him on bail in Case Crime No. 221 of 2021, under Sections 376DA IPC and section 5/6 POCSO Act Police Station Sarailakhansi, District- Mau, during pendency of trial.
Applicant was enlarged on bail earlier vide order dated 2.11.2021 in Criminal Misc. Bail Application No. 27018 of 2021 for committing the alleged offence under sections 376-D, 341,504,506,354 I.P.C. and section 3/4 POCSO Act.. Subsequently he has been implicated under section 376DA I.P.C. and 5/6 POCSO Act by the investigating officer in the charge sheet. He applied for bail subsequently for granting bail under section 376DA I.P.C. and section 5/6 POCSO Act before the court below which has been rejected on 2.2.2023.Hence he is before this court.The applicant is in jail since 13.1.2021 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
This court after considering the entire facts and circumstances is of the view that applicant is entitled to be enlarged on bail for the reasons given in the earlier bail order dated 2.11.2021 on same terms and conditions.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 be released on bail on same bail bond and sureties furnished in earlier bail application No. 27018 of 2021 and on same terms and conditions.
Order Date :- 27.2.2023 Atul kr. sri.