Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52286 of 2019 Applicant :- Devisharan Alias Tullan Opposite Party :- State of U.P.
Counsel for Applicant :- M.P.S. Chauhan 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, Devisharan Alias Tullan, with a prayer to release him on bail in Case Crime No. 59 of 2019, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Chandaus, District- Aligarh, during pendency of trial.
Submission is that age of the victim has been found to be 18 years by the doctor. Although she has claimed her age 16 years and 9 months. There is no evidence in this regard collected by the Investigating Officer, as per instructions received by learned AGA. The victim has not made any allegation of rape against the applicant. Only allegation is of under Sections 363 and 366 IPC. In her statement under Section 164 Cr.P.C., victim has admitted that applicant took her forcibly and thereafter left her back on the petrol pump. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 03.6.2019. 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