Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46485 of 2019 Applicant :- Azeem Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Arun Srivastav
Hon'ble Siddharth,J.
List of supplementary fresh case has been revised.
As per office report dated 27.11.2019, notice on opposite party No.2 has been served, but no one appears on his behalf to oppose this bail application.
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, Azeem Khan, with a prayer to release him on bail in Case Crime No. 180 of 2019, under Sections 452, 376, 504, 506 IPC, 3(2)5 SC/ST Act and 3/4 POCSO Act, Police Station Madhotanda, District- Pilibhit, during pendency of trial.
Submission is that age of the victim, as per medical report, is 16-17 years. However, given margin of two years on higher side, she can be considered to be major. From the statement of the victim under Section 164 Cr.P.C., it appears that she is a consenting party. She has called the applicant in her house at 4:00 a.m. in the morning, when her family members were sleeping. The offence is alleged to have been committed in her house. It has been stated that when her mother awake and caught the hands of the applicant, he pushed her and ran away. It has been submitted that from the medical report of the victim, no forceful relationship has been found to be proved. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 25.7.2019. 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 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 :- 29.11.2019 Ruchi Agrahari