Allahabad High Court
Sompal vs State Of U.P. And 3 Others on 12 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7474 of 2022 Applicant :- Sompal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in the present case. Father of the applicant had filed N.C.R. in which order of investigation has been granted by C.J.M., Pilibhit on 20.01.2020 then application 156(3) Cr.P.C. has been moved after two and half month from the date of incident. In the medical report there is no external injury. Applicant and co-accused Raju @ Pattey are real brother. Co-accused of this case Raju @ Pattey has already been enlarged on bail by this Court vide order dated 31.03.2022 passed in Criminal Misc. Bail Application No. 6042/2022 copy of which has been produced for perusal. There is no previous criminal antecedent of the applicant. The applicant undertakes that in case applicant is released on bail, he will not misuse the liberty of bail. The applicant is in custody since 12.11.2021.
Per contra, learned counsel for informant and learned A.G.A. opposed the prayer for bail and submitted that in the statement under Section 164 Cr.P.C. victim has supported the prosecution case.
Keeping in view the nature of the offence, 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 of bail. Hence, the bail application is hereby allowed.
Let the applicant Sompal be released on bail in Case Crime No. 606 of 2021, under Sections 377, 323, 504, 506 I.P.C. and Section 3/4 POCSO Act 2012, P.S.- Puranpur, District- Pilibhit, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.4.2022 Sharad/-