Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39789 of 2019 Applicant :- Bholu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
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, Bholu, with a prayer to release him on bail in Case Crime No. 150/2019, under Sections 341, 354A, 323, 504, 506 IPC and Section 7/8 of POCSO Act, Police Station Kheragarh, District- Agra during pendency of trial.
It has been submitted by learned counsel for the applicant that there are vital contradictions in the FIR and the statement of the victim recorded under Section 164 Cr.P.C. It has been mentioned in the FIR that her cloths were torn by the applicant, however, in her statement under Section 164 Cr.P.C., no such allegation has been made against the applicant. There is allegation in the FIR that victim raised alarm and number of person came on the spot but in her statement under Section 164 Cr.P.C., she has alleged that she fell down and become unconscious. It has been submitted by learned counsel for the applicant that the prosecution version in the FIR is not reliable.It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 05.07.2019. 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 :- 26.9.2019 S.K.