Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57110 of 2019 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant has been falsely implicated in this case. The victim has made the allegation of rape against the co-accused, Sandeep and not against the applicant. The allegation against him is that he was involved in the abduction of the victim along with co-accused. It has been submitted that the victim is aged about 16 years as per her statement under Section 164 Cr.P.C. and as per FIR her age is 17 years. The applicant alleges false implication in this case. The applicant is in jail since 16.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Deepak, be released on bail in Case Crime No. 268 of 2019, under Sections- 363, 376, 323, 328, 427, 506 IPC and Section 4 POCSO Act, Police Station- Narsaina, District- Bulandshahar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 19.12.2019 Rohit