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Neutral Citation No. - 2025:AHC:57580 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12732 of 2025 Applicant :- Master Jamal Kamil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ichhvaku Pratap Shahi Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. By means of this application, the applicant, Master Jamal Kamil, who is involved in Case Crime No. 341 of 2024, under Sections 9m/10 of POCSO Act, Police Station- Mawana, District- Meerut and is in jail since 24.08.2024, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that earlier, the applicant was enlarged on bail vide Criminal Misc. Bail Application No.36949 of 2024, for the alleged offences under Sections 75, 115(2), 351(2), 352 of BNS and Sections 7/8 POCSO Act and also Sections 3(2)(Va) SC/ST Act. Subsequently, chargesheet has been submitted under Sections 9m/10 of POCSO Act and hence the applicant has approached this Court again. It is settled law, if the bail is already granted to the applicant relating to an offence, mere change of sections of further implication do not affects the bail already granted to an applicant by the court. In view of the above, the applicant is directed to be enlarged on bail in added sections, 9m/10 POCSO Act. Let the applicant be released on bail on his executing a personal bond and furnishing two sureties of Rs.20,000/- each in the like amount to the satisfaction of the court concerned with the following conditions :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he
shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.4.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad