Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46725 of 2019 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Deepak with a prayer to release him on bail in Case Crime No. 58 of 2019, under Sections 376, 328, 420 IPC, Police Station Satti, District- Kanpur Dehat, 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 submitted that First Information Report has been lodged by the prosecurtix herself.In the First Information Report she has stated that applicant is disciple of one Bhagat. However in her statement under section 164 Cr.P.C. she has stated that applicant himself is an exorcist and she went to him for the purpose of treatment of her daughter.The allegation has been made that on the pretext of treating her daughter prosecutrix was subjected to rape by the applicant.It has been further submitted that versions in the First Information Report and the statement under section 164 Cr.P.c. are different.The applicant has been falsely implicated. He is neither an exorcist nor Baba, he is labour and worked in the house of informant for construction @ Rs.300/- per day.His labour charges have not been paid by the prosecutrix. He has been falsely implicated because labour charge of Rs.9,000/- are due against the victim.The age of the prosecutrix is thirty five years as per medical report. The applicant is languishing in jail since 5.7.2019, who is not a previous convict. 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.
Order Date :- 28.11.2019 Atul kr. sri.