Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41488 of 2019 Applicant :- Furkan Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
As per office report dated 25.12.2019 notice upon the opposite party no.2 has been served.However no one appears on behalf of the opposite party no.2.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Furkan with a prayer to release him on bail in Case Crime No.284 of 2017, under Section 376-D IPC, and section 4 of Protection of children From Sexual Offence Act, 2012 Police Station C.B. Ganj, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is submitted that it is a case of false implication. The victim, her mother and father have been examined as P.W.3, P.W.2 and P.W.1 before the trial court and they have not supported the prosecution case and have turned hostile. The medical report also does not supports the prosecution allegation. The applicant is languishing in jail since 29.6.2017, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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 and without expressing any opinion on the 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 that :-
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.
Order Date :- 26.11.2019 Atul kr. sri.