Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18010 of 2019 Applicant :- Dharamveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Tiwari Deva Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Devendra Tiwari Deva, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Dharamveer in Case Crime No.434 of 2017, under Sections 363, 366, 376 I.P.C. and 5/6 of Protection of Children From Sexual Offences Act, Police Station- Milak, District- Rampur with the prayer to enlarge him on bail.
This is the second bail application on behalf of the applicant. The first bail was rejected by this Court on 11.9.2019. While rejecting the first bail application, considering the fact that the applicant is languishing in jail since 8.7.2017, the trial court was directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of three months from the date of production of a certified copy of this order.
Learned counsel for the applicant states that the trial is still going on and only charges have been framed and the prosecution has not examined any witness till date. He further submits that as per the statement of the prosecutrix recorded under Section 161 Cr.P.C., she has stated that she had gone to Punjab along with the applicant of her own free-will and also solemnized marriage. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 8.7.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Dharamveer be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
However, considering the fact that the incident relates to the year 2017, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible, if there is no legal impediment.
Order Date :- 29.5.2019 Vikas