Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29834 of 2019 Applicant :- Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Mohan Singh,Mohd. Iqbal Farooqui Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Indra Mohan Singh, learned counsel for the applicant, Sri Mohd. Shoaib Khan, 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, Akash with a prayer to release him on bail in Case Crime No. 418 of 2019, under Sections 354(ka), 354(gha), 504, 506 I.P.C. and 7/8 and 11/12 POCSO Act, Police Station- Muradnagar, District- Ghaziabad, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R. on 25.05.2019, alleging therein that the informant's niece aged about 15 years was going for her tuition, on the way, Akash (applicant) started chasing, teasing and abusing her and passed comments and also threatened the victim on her phone and molested her in the auto-rickshaw. It is next submitted that the statement of the victim has been recorded under Section 164 Cr.P.C., in which, she has that the applicant was not the person who has involved in the incident of teasing her. She has named other persons in the statement recorded under Section 164 Cr.P.C. Thus, there are variations in the statement of the victim which has been recorded under Section 161 and 164 Cr.P.C. which makes a prosecution story doubtful. The applicant is innocent and has falsely been implicated in the present case. The applicant is languishing in jail since 25.05.2019. The applicant has no criminal history except in the present case. 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 deserve 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 :- 25.7.2019 Priya