Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52002 of 2019 Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Uttar Kumar Goswami Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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. 48 of 2019, under Sections 452, 376 IPC, Police Station Sunngarhi, District- Kasganj, 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 age of the victim is about eighteen years. As per Adhar Card her date of birth is 19.5.1998..It is a case of false implication.Subsequently First Information Report was lodged only under sections 354, 452 I.P.C. and section 7/8 POCSO Act. Victim in her statement under section 164 Cr.P.C. has made allegation likewise.However in her statement under section 164 Cr.P.c. victim has alleged that applicant has committed rape after entering in her house at 1 P.M.The allegations made by the victim in her statement under section 164 Cr.P.C. are improbable.How stranger can not enter the house of the victim when all the family members are present in the house. The applicant is languishing in jail since 31.7.2019, 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 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.
Order Date :- 26.11.2019 Atul kr. sri.