Allahabad High Court
Jalauddin vs State Of U.P. on 12 December, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46304 of 2019 Applicant :- Jalauddin Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
As per office report dated 09.12.2019 notice has been served on opposite party no. 2.
No one has put in appearance on behalf of opposite party no. 2.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant has been falselyimplicated in this case. Thevictim had affair with co-accused, Aslam, who is nephew of the applicant. She willingly eloped with co-accused, Aslam and has implicated the applicant in this case. The applicant is aged about 67 years and is 60 percent disabled person. He was having a tailoring shop where the victim used to come for stitching the clothes. However she came in contact with co-accused, Aslam and thereafter elopedwith him and applicant hasbeen implicatedbecause he is uncle of the co-accused, Aslam. Theage ofthe victim as permedical report is 16 years.Given margin of twoyears on the higher side she can be considered to be major. The applicant is in jail since 04.08.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Jalauddin, be released on bail in Case Crime No. 87 of 2019, under Sections- 363, 366, 376 IPC and Section 3/4 of POCSO Act and Section 3(2)(5) of S.C./S.T. Act, Police Station- Jataha Bazar, District- Kushinagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 12.12.2019 Rohit