Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30416 of 2019 Applicant :- Himanshu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Alok Kumar Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Himanshu with a prayer to release him on bail in Case Crime No. 394 of 2019, under Sections 354 I.P.C. and U/s 7/8 POCSO Act, Police Station- Modi Nagar, District- Ghaziabad, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 22.04.2019 at about 07:00 p.m. in evening, when the victim was going to purchase goods from the shop, on the way, a boy, who was in drunken condition, started teasing the victim and when she raised alarm, the people of the area gathering together, caught hold the boy and beat him. Thereafter, the boy has disclosed his name as Himanshu (applicant herein). It is further argued that in the statement of the victim under Section 164 Cr.P.C., it has been stated that when she had gone to purchase goods from the shop, the applicant, who was in drunken condition, caught hold of her hand. It is further argued that the applicant resides in the vicinity of the victim, due to some earlier dispute between the parties, the present F.I.R. has been lodged to falsely implicate the applicant in the present case. The applicant is languishing in jail since 22.04.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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 :- 30.7.2019 JK Yadav