Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30209 of 2019 Applicant :- Abhishek Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vidit Narayan Mishra, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Abhishek with a prayer to release him on bail in Case Crime No. 494 of 2019, under Sections 363, 366 I.P.C., Police Station- Sector 39, District- Gautam Budh Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R. that some unknown person enticed away the daughter of the informant, after searching, when she could not be traced, present F.I.R. has been lodged. As per the medical report, she is 16 year old girl. The victim has been recovered safely on 7th June, 2019, after which her custody has been given to her parents and her statement has been recorded under Section 164 Cr.P.C., in which, she has not stated anything serious against the applicant. The real fact is that the victim went along with the applicant out of her own free will with the applicant. There is no evidence that she ever protested or resisted the act of the applicant or made any complaint all this while. From bare perusal of the entire evidence on record, no offence is made out against the applicant. He has falsely been implicated in the present case. The applicant is languishing in jail since 08.06.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
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 :- 30.7.2019 Priya