Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52956 of 2019 Applicant :- Chhota Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. 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. - 206 of 2019, under Sections - 366, 504 IPC, Police Station - Sirsaganj, District - Firozabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of criminal intimidation and abduction of girl to force marriage, punishable with imprisonment ten years;
(ii) against FIR lodged on 27.4.2019, the applicant is in confinement since 11.8.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is pending against other accused, inasmuch as, girl has yet not been recovered. Insofar as the present applicant is concerned, charge-sheet has been submitted.
(vi) on prima facie basis only, it may be noted, according to the applicant, no recovery has been made from him and he claims to have been implicated on mere suspicion that too with respect to disappearance of the girl, who appears to be 20 years of age, and for whose disappearance the FIR has been lodged, for the first time, with a delay of 17 days;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Prakhar