Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30863 of 2019 Applicant :- Chotu @ Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Rana,Sanjay Kumar Bhardwaj Counsel for Opposite Party :- G.A.,Arvind Kumar Singh
Hon'ble Siddharth,J.
Counter affidavits filed by learned A.G.A. and learned counsel for the informant and rejoinder affidavit filed by the learned counsel for the applicant are taken on record.
Heard Shri Deepak Rana and Shri Sanjay Kumar Bhardwaj, learned counsel for the applicant, learned AGA for the State and Shri Arvind Kumar Singh, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Chotu @ Manish with a prayer to release him on bail in Case Crime No. 153 of 2019, under Sections 354, 506 IPC, section 7/8 POCSO Act and section 67-B I.T. Act Police Station Bhojpur, District- Ghaziabad, 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 allegation against the applicant is that he physically assaulted the victim is not borne out from the statement of the mother of the victim recorded by the investigating officer.The mother of the victim has stated that victim made such allegation on the advice of the her counsel Manisha in her statement under section 164 Cr.P.C. which was recorded after one month of the incident. It has further been submitted that from perusal of the report of cyber cell it is apparent that mobile used in sending the disputed messages belongs to Navdeep Tomar and not for the applicant.The applicant is 70% disabled and is aged about eighteen years as clear from his disability certificate dated 17.9.2018 brought on record as annexure-6 to the affidavit filed in support of the application.The victim is aged about seventeen years. It is further submitted that medical examination of the victim has not been conducted because her mother has stated that when no sexual assault was made on her, there is no need for medical examination. The applicant is languishing in jail since 8.5.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has brought on record the messages and photographs of victim along with applicant and the messages appear to be derogatory.It has further been submitted that applicant has made all efforts to bring disrepute to the victim, who is aged about seventeen years .She has faced lot of social disrepute on account of such messages made viral. Applicant has rightly been implicated and keeping in view of the allegation applicant is not entitled to be released on bail.
Learned A.G.A. has also 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 Chotu @ Manish 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.