Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46076 of 2019 Applicant :- Brahamdev @ Brahmi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 17.12.2019, 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, Brahamdev @ Brahmi, with a prayer to release him on bail in Case Crime No. 183 of 2019, under Sections 363, 366, 376, 506 IPC and 3/4 POCSO Act, Police Station Akrabad, District- Aligarh, during pendency of trial.
Submission is that applicant has been falsely implicated in this case. Age of the victim, as per medical report, is 15 years. However, no incident as alleged ever took place. It has been submitted that from the statement of independent witness, it is clear that the marriage of the applicant was being fixed with the victim and thereafter, on account of dispute regarding money, applicant has been implicated. The victim herself left her house and went to the house of Aunt (Mami) of the applicant and came back on the next day. The applicant has been falsely implicated in the present case with some ulterior motive. Medical report of the victim does not supports the allegation made in the FIR. The applicant has no criminal history to his credit and he is languishing in jail since 06.8.2019. 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 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 :- 17.12.2019 Ruchi Agrahari