Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29975 of 2019 Applicant :- Azam Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.,Vikrant Gupta
Hon'ble Siddharth,J.
Heard learned counsel for the applicant learned AGA for the State and Vikrant Gupta, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Azam with a prayer to release him on bail in Case Crime No. 326 of 2019, under Sections 323, 504, 506, 354 Kha IPC, and section 7/8 Prevention of Children From Sexual Offences Act and 3(2) (VA) S.C./S.T. Act Police Station Swar, District- Rampur, during pendency of trial.
On 31.7.2019 Chief Medical Officer was directed to conduct ossification test of the victim for the purpose of determination of her age. On 20.8.2019 the case was listed and learned A.G.A. was granted two days' further time to comply with the order dated 31.7.2019.The case was directed to be listed today. Today no such report has been produced before the court.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned A.G.A. has informed on the basis of instructions that applicant has no criminal history. Learned counsel for the informant is also unable to inform whether applicant has any criminal history or not. However, the statement under section 164 Cr.P.C. shows that applicant and victim are residing in the same village and she has stated that applicant asked her to give her bicycle, which she was riding.She refused to give her bicycle and then applicant slapped her. It is also stated that he torned her cloth.The age of the victim has not been determined as yet despite time granted for the purpose. The applicant is languishing in jail since 15.5.2019, who is not a previous convict. 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 Azam 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 :- 26.8.2019 Atul kr. sri.