Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51678 of 2019 Applicant :- Ajay Bharadwaj Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant; as well as Sri Ashok Upadhyaya, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ajay Bharadwaj with a prayer to release him on bail in Case Crime No. -264 of 2019, under Sections -354B, 452, 506 I.P.C. & 7/8 POCSO Act, Police Station - Atmaddaula, District -Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to disrobe minor girl and other offences, punishable with imprisonment of seven years;
(ii) against FIR lodged on 21.04.2019, the applicant is in confinement since 28.08.2016;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, that according to the applicant there are gross inconsistency in the prosecution story, inasmuch as, the FIR was lodged with a delay of five days which is wholly unexplained especially in view of the statement of the victim that the police had reached the place of occurrence immediately upon her calling on the helpline number.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.11.2019 S.Chaurasia