Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56246 of 2019 Applicant :- Ashiv Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh 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, Ashiv, with a prayer to release him on bail in Case Crime No.17 of 2019, under Sections 5(G)/6 POCSO Act, Police Station Narkhi, District- Firozabad, during pendency of trial.
Submission is that earlier applicant was enlarged on bail for offence under Sections 376 A.D., 328 IPC and 3/4 POCSO Act. Now he has been charge-sheeted for offence under Section 5(g)/6 POCSO Act. He is before the Court after rejection of the bail application by the court below. Further submission is that the provision of Section 5 (g) POCSO Act is akin to Section 376-D IPC. The applicant has been falsely implicated in the aforesaid Section by the Investigating Officer. Age of the victim, as per medical report, is 17 years. The applicant has no criminal history to his credit and he is languishing in jail since 27.3.2019. 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 libertyhree weeks' time to file counter affidavit. Put up this case on 28.1.2020 as a fresh cas of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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 :- 18.12.2019 Ruchi Agrahari