Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40061 of 2019 Applicant :- Chhota Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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 Chhota with a prayer to release him on bail in Case Crime No. 588 of 2017, under Sections 363, 366 IPC, and section 3/4 POCSO Act, 2012 Police Station Civil Lines, District- Muzaffarnagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that victim has married co-accused Fareed, who is brother of the applicant.Applicant has been falsely implicated only because of being brother of the co-accused Fareed.Victim along with Fareed has approached this court by way of Criminal Misc. Writ Petition No. 12113 of 2017 and obtained arrest of stay in criminal case which was filed by her elder brother. Co-accused, Arbab Alam, has been granted bail by this court vide order dated 29.8.2017 in Criminal Misc. Bail Application No. 29350 of 2017. The applicant is languishing in jail since 2.8.2019, who is not a previous convict. 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 Chhota 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 Atul kr. sri.