Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30708 of 2019 Applicant :- Anoj Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Bharat Singh, learned counsel for the applicant, Sri Prashant Kumar, 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, Anoj with a prayer to release him on bail in Case Crime No. 95 of 2019, under Sections 363, 366 I.P.C., Police Station- Wazeerganj, District- Kannauj, 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., 14.05.2019 at about 05:00 p.m. in the evening, the informant's daughter, namely, Gulabshah was enticed away by the applicant with the help of other co-accused persons. After receiving the information about the same, which was given by his wife, the informant came on the next day at his house and tried to search her daughter but whereabouts of her daughter could not be traced out, hence the present F.I.R. has been lodged. It is next argued that the victim has been recovered safely and her statements under Section 161 and 164 Cr.P.C. were recorded in which she has not stated anything against the applicant. From perusal of the statements of the victim under Sections 161 and 164 Cr.P.C., she appears to be consenting party. As per the medical report, she is aged about 18 years. The applicant is languishing in jail since 17.05.2019. The applicant does not have any previous criminal history. 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 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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 :- 31.7.2019 JK Yadav