Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56248 of 2019 Applicant :- Akhilesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Yadav 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, Akhilesh Yadav, with a prayer to release him on bail in Case Crime No.64 of 2019, under Section 376 IPC and 3/4 POCSO Act, Police Station Jangipur, District- Ghazipur, during pendency of trial.
Submission is that age of the victim, as per medical report, is 17 years. However, given margin of two years on higher side, she can be considered to be major. Before the trial court, victim has been examined as PW-1. She has not implicated the applicant before the trial court. She has stated that he did not committed any offence against her nor entered into her house. The applicant has criminal history of one case, which has been explained in paragraph No. 13 of the affidavit in support of the bail application and he is languishing in jail since 03.6.2019. 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 Ruchi Agrahari