Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56949 of 2019 Applicant :- Chhotu Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Siya Ram Verma, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Chhotu with a prayer to release him on bail in Case Crime No. - 256 of 2019, under Sections - 354Kha and 506 I.P.C. and Section 8 of POCSO Act, Police Station - Roora, District - Kanpur Dehat, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of assault with intent to disrobe a minor girl, punishable with imprisonment upto 7 years;
(ii) against FIR lodged on 27.07.2019, the applicant is in confinement since 03.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) In such circumstances, learned counsel for the applicant submits, the applicant has been falsely implicated owing to certain other dispute between the parties. Reference has also been made to the discrepancies in the F.I.R. allegation and the statement recorded under Section 164 Cr.P.C. as compared to the statement recorded under Section 161 Cr.P.C.;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
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 :- 19.12.2019 Saif