Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46683 of 2019 Applicant :- Gulab Chauhan And 02 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Sudeep Dwivedi Counsel for Opposite Party :- G.A.,Ashish Kumar Pandey
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Gulab Chauhan, Smt. Asha Devi and Kapil Dev, with a prayer to release them on bail in Case Crime No. 95 of 2019, under Sections 363, 366, 376, 120-B, 504, 506 IPC, 3(2)(V) SC/ST Act and Section 5/6/16/17 POCSO Act, Police Station Line Bazar, District- Jaunpur, during pendency of trial.
Submission is that there is no allegation of rape against the applicants. The main accused, Atul Chauha, who was alleged the main allegation of rape, has been enlarged on bail by this Court in Criminal Misc. Bail Application No.30966 of 2019 vide order dated 05.8.2019. The applicants are absolutely have been falsely implicated in the present case with some ulterior motive. The applicants are languishing in jail since 29.8.2019. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above 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 applicants involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Ruchi Agrahari