Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55574 of 2019 Applicant :- Gaurav Mehta @ Romi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram 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 age of the victim as per medical report is 16 years. The applicant is aged about 40 years and married man having children and wife and he was living in the accommodation, where the informant was living as a tenant. There was dispute between the applicant and informant with regard to flow the water in the aforesaid premises and the opposite party no. 2 was not interested that the applicant should live in the aforesaid premises as a tenant and she was regularly quarrelling with applicant and also making pressure that on applicant to leave the aforesaid premises. Due to aforesaid reasons, the informant has falsely implicated the applicant in this case. The medical report does not supports the allegation made in the FIR. The applicant is in jail since 08.10.2017 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- Gaurav Mehta @ Romi, be released on bail in Case Crime No. 713 of 2017, under Sections- 376, 509 IPC and Section 3/4 POCSO Act, Police Station- Barra, District- Kanpur Nagar, 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