Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57346 of 2019 Applicant :- Dinesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant; as well as Sri Nagendra Kumar Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Dinesh Chandra with a prayer to release him on bail in Session Trial No.109 of 2019, Case Crime No. -187 of 2019, under Sections -363, 366 I.P.C. & Section 16/17 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station - Talgram, District - Kannauj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction to force marriage, punishable with imprisonment of ten years;
(ii) against FIR lodged on 27.08.2019, the applicant is in confinement since 15.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the victim had accompanied the applicant of her own free will and that she has materially diluted the prosecution case in her statement recorded under Section 164 Cr.P.C.;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 S.Chaurasia