Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36864 of 2019 Applicant :- Azad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Onkar Nath Mishra Counsel for Opposite Party :- G.A.,Birendra Kumar Arya
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants, Azad and Mutalib, with a prayer to release them on bail in Case Crime No. 43 of 2019, under Sections 376-D, 504, 506, 120-B IPC, 3/4 POCSO Act and 3(2)(5) SC/ST, Police Station Bilariyaganj, District- Azamgarj, during pendency of trial.
Submission is that applicants have been falsely implicated in this case. The age of the victim, as per medical report, is 18 years. The FIR is delayed by one month. The applicants have been falsely implicated in this case. They are languishing in jail since 24.3.2019. In case, the applicants are released on bail, they will not misuse the liberty of bail.
learned counsel for the informant and learned A.G.A. have also opposed the prayer for bail of the applicants and have submitted that the applicants are criminals and there is threat from the applicants that in case she proceeds with this case, she may be eliminated.
The applicants are directed to be released on bail in the aforesaid crime for the period of three months on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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.
List this bail application on 03.3.2020.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Ruchi Agrahari