Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31628 of 2018 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh,Vinod Kumar Yadav Counsel for Opposite Party :- A.G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It has been submitted that the age of the victim as per medical report is 19 years. She has admitted that she came to meet the applicant on her own will and was not abducted from the custody of her parents illegally. She admitted that she went with him on her own will at 12:00 p.m to meet the applicant in the temple and thereafter remained with him and then came back. It has been submitted that no offence as alleged are made out against the applicant. The applicant is in jail since 27.04.2018 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Dharmendra, be released on bail in Case Crime No. 359 of 2018, under Sections 363, 366, 376 IPC & 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station- Civil Lines, District- Moradabad, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 26.8.2019 Rohit