Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46733 of 2019 Applicant :- Alok @ Bhola Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Tripathi,Ajay Pratap Singh Counsel for Opposite Party :- G.A.,Rabindra Bahadur Singh
Hon'ble Siddharth,J.
List of supplementary fresh case has been revised.
No one appears on behalf of the informant to oppose this bail application.
Counter affidavit has been filed by learned AGA, which 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, Alok @ Bhola, with a prayer to release him on bail in Case Crime No.327 of 2019, under Sections 376, 504, 506 IPC and 3/4 POCSO Act, Police Station Malpura, District- Agra, during pendency of trial.
Submission is that it is a case of false implication. From the very statement of the victim under Section 164 Cr.P.C., allegation against the applicant appears to be doubtful. It has been submitted that there was harassment of cousin (sister) of the applicant by her in- laws and on her complaint, applicant went to her matrimonial home, being her cousin (brother). Cousin of the applicant is sister-in-law (Bhabhi) of the victim and he has been falsely implicated by her in this case. There are contradictions in the statement of victim. It is alleged that when the applicant took the victim inside the room, her sister-in-law (Bhabhi) locked the room from outside. The entire allegations against the applicant are false. The applicant has been implicated in this case on account of matrimonial dispute in her cousin's matrimonial home. The age of the victim, as per medical report, is 18 years. The applicant has no criminal history to his credit and he is languishing in jail since 13.7.2019. 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 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 :- 29.11.2019 Ruchi Agrahari