Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45769 of 2019 Applicant :- Ashish Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Saroj,Sandeep Kumar Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri V.K. Upadhyaya, learned Advocate, holding brief of Sri Abhishek Kumar Saroj, learned counsel for the applicant; as well as Sri Vikash Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ashish Kumar Yadav with a prayer to release him on bail in Case Crime No. - 305 of 2019, under Section - 366 I.P.C., Police Station - Sikrara, District - Jaunpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction to force marriage, punishable with imprisonment of ten years;
(ii) against FIR lodged on 05.09.2019, the applicant is in confinement since 06.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending against the applicant yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, while it is true that the girl has yet not been recovered, at the same time, the applicant is the cousin brother of the victim girl and the FIR itself did not name any person as accused of the offence. At the moment, it appears that the name of the applicant surfaced in view of the suspicion and not on account of any cogent material;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 S.Chaurasia