Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52252 of 2019 Applicant :- Ajaypal Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Paritosh Shukla, Advocate, holding brief of Sri Dinesh Kumar, learned counsel for the applicant as well as Sri Ankit Srivastava, 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 - Ajaypal with a prayer to release him on bail in Case Crime No. - 447 of 2019, under Sections - 452, 354, 354B, 506 IPC and 7/8 POCSO Act, 2012, Police Station - Hasanpur, District - Amroha, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of molestation, criminal intimidation etc., punishable with imprisonment of seven years;
(ii) against FIR lodged on 5.9.2019, the applicant is in confinement since 25.9.2019;
(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) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, FIR is wholly belated having been lodged after a month from the alleged incident, though the informant, who is the mother of the victim, was in the know of the fact. Also, it has been submitted, there is gross discrepancy in the statement of the victim.
(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 :- 27.11.2019 Prakhar