Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54648 of 2019 Applicant :- Durga Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant was not named in the FIR. His son, Santosh Kumar and co-accused, Shiv Kumar, are alleged to have enticed away the daughter of the informant and as a result of which the applicant has ben implicated in this case. The elder son of the applicant is married to the elder daughter of the informant and applicant has no role in the alleged offence. The victim has eloped with her son on her own will. The applicant is in jail since 14.09.2019 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- Durga Prasad, be released on bail in Case Crime No. 304 of 2019, under Sections- 363, 366, 376, 120-B, 506 IPC and Section 3/4 POCSO Act, Police Station- Nawabganj, District- Bareilly, be released on bail 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 :- 16.12.2019 Rohit