Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39753 of 2019 Applicant :- Arjun Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned counsel for the applicant is permitted to correct the Section 552 to Section 452 in the prayer claused of the bail application during the course of the day.
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, Arjun Singh, with a prayer to release him on bail in Case Crime No. 451/2019, under Sections 452, 354-B IPC and Section 7/8 POCSO Act, Police Station Jagdispura, District- Agra during pendency of trial.
Submission of learned counsel for the applicant is that in the statement of the victim under Section 164 Cr.P.C., she has alleged that the applicant had bitten her on lips but she had refused to get herself examined. It has been submitted by learned counsel for the applicant that there was no injury on the lips of the victim as alleged in her statement under Section 164 Cr.P.C. The age of the victim has found to be 15 years by the doctor. However, keeping in view the fact that she has refused to get herself medically examined and the applicant is languishing in jail since 09.08.2019 and he does not have any criminal history to his credit. Applicant deserved to be enlarged on bail. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. 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 :- 27.9.2019 S.K.