Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14278 of 2019 Applicant :- Ankur @ Mithun Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Bhushan Dubey 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, Ankur @ Mithun, with a prayer to release him on bail in Case Crime No. 849/2018 under Section 363 IPC, Police Station Phase-2, Nodia, District- Gautam Budh Nagar during pendency of trial.
Learned counsel for the applicant has submitted that the allegations against the applicant is of kidnapping of four years old girl. It has been submitted that the applicant was caught on the spot with the minor girl. It has been submitted that minor girl was crying and the applicant was trying to find out where she wants to go and who are her parents, when the applicant was arrested and implicated in the present case. The father and mother of the minor girl (victim) and other persons of the vicinity have given their affidavits before the Investigating Officer stating that the applicant has not kidnapped the minor victim. He does not have any criminal history to his credit. The applicant is languishing in jail since 02.12.2018. 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 :- 26.9.2019 S.K.