Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57364 of 2019 Applicant :- Gulam Husain @ Munna @ Gulam Hasan Opposite Party :- State Of U.P Counsel for Applicant :- Balram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Balram Gupta, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Gulam Husain @ Munna @ Gulam Hasan with a prayer to release him on bail in Case Crime No. - 128 of 2019, under Sections - 377, 511 I.P.C. and 9(m)/18 POCSO Act, Police Station - Colonelganj, District - Kanpur Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of unnatural sex on a minor child, punishable with imprisonment upto life;
(ii) against FIR lodged on 09.08.2019, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, 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 by learned counsel for the applicant that the parties are neighbours and that false accusations have been made against the applicant owing to other unresolved disputes between them. As to the FIR allegation, it has been submitted, though the same has been supported by the victim in his statement recorded under Section 164 Cr.P.C., however, no injuries have been reported in the medical examination which clearly belies the FIR allegation;
(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.
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 heavy 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.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 20.12.2019 Abhilash