Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50585 of 2019 Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ajay with a prayer to release him on bail in Case Crime No. 349 of 2019, under Sections 363, 366, 376 IPC, and section 3/4 of Protection of Children From Sexual Offence Act, 2012 Police Station Hasanpur, District- Amroha, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that from the First Information Report it appears that victim eloped from her house in the morning at about 3 A.M. along with mobile phone.It is further submitted that applicant has been implicated for the first time in her statement under section 164 Cr.P.C.The age of the victim as per medical report is 16 years.Given margin of two years on higher side she can be considered to be major.Applicant alleges false implication being friend of the co- accused Jaiveer.The victim is consenting relationship with co-accused Jaiveer. The applicant is languishing in jail since 20.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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 noted above, larger mandate of the Article 21 of the Constitution of India 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.
Order Date :- 18.12.2019 Atul kr. sri.