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Omkar @ Khandu v. State Of U.p. And 3 Others

Omkar @ Khandu v. State Of U.p. And 3 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. BAIL APPLICATION No. - 55590 of 2021 | 08-07-2022

Siddharth,J.

1. Heard learned counsel for the applicant and learned A.G.A for the State.

2. The applicant was earlier enlarged on bail by the order dated 29.08.2019. Counsel for the applicant has submitted that the applicant attended trial up to 30.03.2019 and is absconding since then. The applicant is in jail since 24.09.2021 and has criminal history of 12 cases which has been explained in affidavit filed in support of the bail application.

3. On the other hand learned A.G.A has opposed the prayer for bail.

4. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 [LQ/SC/1985/170] 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.

5. Let the applicant, Omkar @ Khandu, involved in Case Crime No. 175 of 2014, under Sections- 354, 354(Ka), 323, 506 IPC and 7/8 POCSO Act, Police Station- Aunchha, DistrictMainpuri, be released on bail on his furnishing a personal bond of Rs. 2,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

5. 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.

6. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

7. Trial court is directed to conclude the trial of the applicant within a period of one year.

Advocate List

  • Sanjay Kumar Yadav

  • G.A.

Bench
  • Hon'ble Justice Siddharth
Eq Citations
  • LQ
  • LQ/AllHC/2022/10875
Head Note

Criminal Procedure Code, 1973 — Ss. 439 and 437 — Bail — Anticipatory bail — Applicant earlier enlarged on bail by order dt. 29.08.2019 — Applicant attending trial up to 30.03.2019 and absconding since then — Applicant in jail since 24.09.2021 and has criminal history of 12 cases which has been explained in affidavit filed in support of bail application — Held, keeping in view nature of offence, evidence, complicity of accused, submissions of the learned counsel for the parties, larger mandate of Art. 21 of the Constitution of India and dictum of Apex Court in Dataram Singh, (2018) 3 SCC 22 and without expressing any opinion on merits of case, court of view that applicant has made out a case for bail — Bail application allowed — Penal Code, 1860 — Ss. 354, 354(Ka), 323, 506 and 7/8 POCSO Act, 2012