Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54720 of 2019 Applicant :- Dharamveer Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.,Geetam Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Dharamveer, with a prayer to release him on bail in Case Crime No.200 of 2019, under Sections 376, 504, 506 IPC and 3/4 POCSO Act, Police Station Sahawar, District- Kasganj, during pendency of trial.
Submission is that age of the victim, as per report of C.M.O., Kasganj, is about 18 years. The doctor has not found any evidence of rape on the body of the victim. The forensic report regarding vaginal smear of the victim and DNA report have been found to be negative. The present proceedings are by way of counter blast. Initially father of the applicant lodged the FIR on 06.7.2019 against the first informant and others under Sections 147, 148, 323, 504, 506 and 452 IPC. 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 24.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have 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 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 :- 17.12.2019 Ruchi Agrahari