Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57174 of 2019 Applicant :- Bittu And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Shamsher Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Bittu and Sher Singh @ Chhotu, with a prayer to release them on bail in Case Crime No. 970 of 2019, under Sections 376(D)/34, 506/120-B IPC and 5/6 POCSO Act, Police Station Kotwali City, District- Bijnor, during pendency of trial.
It is has been submitted that it is a case of false implication. The victim is aged about 16 years. However, given margin of two years on higher side, she can be considered to be major. The allegation of gang rape has been levelled against three named persons in the FIR. However, from the medical examination of victim conducted on 11.10.2019, doctor has not found any sign of rape on her body. It has been submitted that incident took place on 09.10.2019 and it is not possible that not a single scratch has been found on the body of the victim by the doctor. The applicants have been falsely implicated in the present case with ulterior motives. The applicants are languishing in jail since 14.10.2019. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above 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 applicants involved in the aforesaid crime be released on bail 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.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Ruchi Agrahari