Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52130 of 2019 Applicant :- Bhoop Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Rajesh Kumar Yadav, 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 applicant, Bhoop Singh, with a prayer to release him on bail in Case Crime No. 239 of 2019, under Sections 452, 376, 506 IPC, Police Station Chhatari, District- Bulandshahar, during pendency of trial.
From the material on record, it is clear that the victim is aged about 30 years and married woman. The victim has admitted knowing the applicant in her statement under Section 164 Cr.P.C., but in the FIR, she has not disclosed this fact. The medical report does not supports the prosecution case at all. Submission is that victim was consenting party and the applicant is friend of her husband. It appears that she was seen with the applicant alone, when husband was out of the house and therefore, she lodged the FIR against the applicant. 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 18.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have 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 :- 27.11.2019 Ruchi Agrahari