Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46190 of 2019 Applicant :- Chunni Lal @ Mayank Trivedi Opposite Party :- State of U.P.
Counsel for Applicant :- Amit,Ram Swaroop Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit has been filed by learned AGA, which is taken on record.
As per office report dated 27.11.2019, notice on opposite party No.2 has been served, but no 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, Chunni Lal @ Mayank Trivedi, with a prayer to release him on bail in Case Crime No.0023 of 2018, under Sections 376-D, 354 Kha, 504, 506 IPC and 3/4 POCSO Act, Police Station Jahanabad, District- Fatehpur, during pendency of trial.
Submission is that there is no allegation of rape against the applicant in the FIR and in statement of victim under Section 164 Cr.P.C. The applicant alleges false implication on the basis of the subsequent statement of the victim recorded by the Investigating Officer under Section 161 Cr.P.C. It has been submitted that it is a case of false implication. The applicant and victim are neighbours. Although the victim is minor, but the allegations made against the applicant are not correct. The applicant has no criminal history to his credit and he is languishing in jail since 07.02.2019. 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 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 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 :- 28.11.2019 Ruchi Agrahari