Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22627 of 2019 Applicant :- Abushad Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ajeet Kumar Srivastava, 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, Abushad with a prayer to release him on bail in Case Crime No. 65 of 2019, under Sections 363, 366 I.P.C. and Section 7/8 POCSO Act and 3(1)(Da) S.C./S.T. Act, Police Station- Kheta Sarai, District- Jaunpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case, due to ulterior motive. As per the allegation made in the F.I.R., which was lodged by the victim herself, the accused persons had enticed away the victim. After recovery of the victim, her statement recorded under Section 164 Cr.P.C. wherein she has specifically stated that due to pressure of her brother, she has lodged the present F.I.R. against the applicant and has not stated anything against the applicant. As per her own testimony, she is aged about 18 years. The applicant is languishing in jail since 09.04.2019. The applicant does not have any previous criminal history. 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties 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 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 29.5.2019 JK Yadav