# Junaid (In Jail) v. State of U.P. Opp. Party - **Citation:** (2020) 12 ILRA 266 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2020-12-02 - **Case number:** Crl. Misc. Bail Application No. 41152 of 2020 - **Bench:** Shamim Ahmed - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/junaid-in-jail-v-state-of-u-p-opp-party-45560 - **Pages:** 3 ## Headnote A.G.A. While considering application for bail-all circumstances of case-nature of evidenceperiod of detention already undergoneunlikelihood of early conclusion of trial-no material for possible tampering of evidence. Bail Granted. (E-9) List of Cases cited:- ## Text 266 INDIAN LAW REPORTS ALLAHABAD SERIES 1- आवेदक जववेचना या परीक्षण के दौरान साजक्षयोां को ड्रायेगा/धमकायेगा नहीां एवां अजियोिन साक्ष्य के साथ छेड़छाड़ नहीां करेगा। 2- आवेदक परीक्षण के दौरान जबना कोई थथगन जलए परीक्षण में ईमानदारी से सहयोग करेगा। 3- आवेदक िमानत पर ररहा होने के बाद जकसी िी अपराजधक गजतजवजध में जलप्त नहीां होगा न कोई अपराजधक कृत्य करेगा। 4- आवेदक को यजद माननीय उच्चतम न्यायालय के आदेशोां के तहत गजठत सजमजत के आदेश के अनुसार अल्पकाजलक िमानत पर बढाया गया है तो अल्पकाजलक िमानत की अवजध समाप्त होने के बाद उसकी िमानत प्रिावी होगी। 5- अदालतोां के सामान्य कामकाि के बहाल होने तक आवेदक को जबना जकसी िमानत के जनिी मुचलके पर िमानत पर बढाया िाएगा। अदालत के सामान्य कामकाि बहाल होने के बाद आरोपी एक महीने के िीतर अदालत की सांतुजि के प्रजतिुओां को प्रस्तुत करेगा। 6- पाटी उच्च न्यायालय इलाहाबाद की आजधकाररक वेबसाइट से ड्ाउनलोड् जकए गए इस तरह के आदेश की कांप्यूटर िजनत प्रजतजलजप दायर करेगी। 7- सांबांजधत न्यायालय/प्राजधकरण/अजधकारी, उच्च न्यायालय इलाहाबाद की आजधकाररक वेबसाइट से आदेश की ऐसी कम्पयूटरीकृत प्रजत की सत्यता की पुजि करेगा और जलक्तखत रूप से इस तरह के सत्यापन की घोर्णा करेगा। 16. उपरोक्त शतों में से जकसी के उल्लांघन के मामले मे, यह िमानत रद्द करने का आधार होगा। ---------- (2020)12ILR A266 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 02.12.2020 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Bail Application No. 41152 of 2020 Junaid ...Applicant (In Jail) Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Devendra Saini Counsel for the Opp. Party: A.G.A. While considering application for bail-all circumstances of case-nature of evidenceperiod of detention already undergoneunlikelihood of early conclusion of trial-no material for possible tampering of evidence. Bail Granted. (E-9) List of Cases cited:- 1. Dataram Singh Vs St. of U.P. & anr., (2018) 3 SCC 22 (Delivered by Hon'ble Shamim Ahmed, J.) 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Devendra Saini, learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record. 3. Applicant has moved the present bail application seeking bail in Case Crime No.411 of 2020, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act Police Station Gangoh District Saharanpur. 4. It is submitted by the learned counsel for the applicant that the entire 12 All. Junaid Vs. State of U.P. 267 prosecution story is false and fabricated. No such incident took place. Initially the FIR was lodged under Section 366 IPC by the father of the victim, but during the course of the investigation Section 363, 376 IPC and Section 3/4 POCSO Act was inserted. As per the allegations made in the FIR, the daughter of the informant was enticed away by the applicant and his family members. The charge sheet was filed against the applicant only. Learned counsel further submits that the victim herself admitted in her statement given under Section 161 CrPC that she went with the applicant to Dehradun and no wrongful act was done by him and thereafter she returned to her house, but in the statement under Section 164 CrPC she has stated that she went with the applicant on her sweet will and she has solemnized marriage with the applicant on 25.6.2020 and she is living happily as his wife. It is further submitted that as per the FIR itself, the age of the victim was mentioned as 18 years and as per the medical report, her age was mentioned as 19 years. Learned counsel further submits that the victim has also filed an affidavit in which she has stated that she has solemnized the marriage with the applicant and she went with him on her sweet will and she is living happily as the wife of the applicant and there is danger to her life if she would go to her parents' house. From the perusal of the statement of the victim, it appears that the parties are consenting party and there is love affair between them. 5. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 3.9.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 6. Learned A.G.A. opposed the prayer for bail. 7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail. 8. The prayer for bail is granted. The application is allowed. 9. Let the applicant Junaid involved in Case Crime No.411 of 2020, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act Police Station Gangoh District Saharanpur be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. 268 INDIAN LAW REPORTS ALLAHABAD SERIES (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) 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 10. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 11. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- (2020)12ILR A268 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 14.12.2020 BEFORE THE HON'BLE SAMIT GOPAL, J. Crl. Misc. Ist Bail Application No. 43160 of 2020 Uday Pratap @ Dau ...Applicant (In Jail) Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Satendra Singh Counsel for the Opp. Party: A.G.A., Sri Satya Narayan Yadav, Sri Prabhash Pandey Case of circumstantial evidence-name of Applicant surfaced from co-accused statement-Applicant's presence at place where deceased consuming liquor-last seen together-viscera report shows poison-Bail rejected. Direction issued to courts below in the State of U.P. -to attend the issue of criminal antecedants of accused while deciding bail application and to record complete detail of cases if any. Bail Rejected. (E-9) (Delivered by Hon'ble Samit Gopal, J.) 1. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Satya Narayan Yadav, learned counsel for the informant, Sri Prabhash Pandey, learned Brief Holder for the State and perused the material on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Uday Pratap@Dau, seeking enlargement on bail during trial in connection with Case Crime No. 12 of 2020, under Sections 364, 302, 201, 120B and 34 I.P.C., registered at P.S. Phareeha, District Firozabad. 3. Learned counsel for the applicant argued that the present case is a case of circumstantial evidence. It is argued that