Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33485 of 2019 Applicant :- Abdul Rauf Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivastava,Rajendra Prakash Srivastava
Hon'ble Siddharth,J.
Rejoinder affidavit filed is taken on record.
Heard learned counsel for the applicant, Sri Ravindra Prakash Srivastava, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that the age of the victim as per medical report is 18 years. In her statement under Section 164 Cr.P.C. she has expressed her willingness to live with the applicant. It has been submitted that the victim is consenting party. The applicant is in jail since 06.04.2019 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- Abdul Rauf, be released on bail in Case Crime No. 38 of 2019, under Sections- 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station- Lotan, District- Siddharth Nagar, 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 :- 27.11.2019 Rohit