Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23377 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Dutt Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Chandra Dutt, learned counsel for the applicant, Sri Nafees Ahmad, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Dharmendra with a prayer to enlarge him on bail in Case Crime No.147 of 2016, under Sections 363, 368, 376, 377 I.P.C. and Section 4 of POCSO Act, Police Station Sajeti, District Kanpur Nagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that the prosecutrix was friendly with Jitendra - brother of the applicant and they wanted to live together. On 23.08.2012 a compromise has been arrived at between the two that they will stay together, copy of which is annexed as Annexure 2 to the affidavit filed in support of the bail application. It is argued that due to some differences between the two, the family of the prosecutrix got annoyed and present FIR has been lodged falsely implicating the applicant in the present case. There are variations in the statement of the prsoecutrix recorded under Sections 161 and 164 Cr.P.C. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 04.03.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 6.6.2019 Anand Sri./-