Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21756 of 2018 Applicant :- Hridesh Opposite Party :- State of U.P.
Counsel for Applicant :- Gajendra Singh,Bharat Singh Pal,Ratan Deep Mishra,Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today. Taken on record.
2. Heard Sri Bharat Singh Pal, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Hridesh with a prayer to release him on bail in Case Crime No. - 386 of 2017, under Sections - 376 I.P.C., 3/4 POCSO Act and 3(2)5 SC/ST Act, Police Station - Usanwa, District - Budaun, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of rape of a minor girl and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 22.12.2017, the applicant is in confinement since 23.12.2017;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, trial has not commenced. However, it appears that the trial has yet not concluded;
(vi) on prima facie basis, only it may be noted, according to the applicant though the allegation of rape had been made against the applicant, neither there is any injury noted in the injury report nor (according to the learned counsel for the applicant) any evidence of rape was discovered during that examination. Further, it has been submitted that the applicant himself was 17 years of age, at the time of incident. Though plea of juvenility has not been raised, however, in any case, it has been submitted almost more than two years have elapsed since the applicant has been confined and therefore, he is entitled to be enlarged on bail;
5. Having heard learned counsel for the parties and having perused the record, without making any observation as to the merits of the case, keeping in mind, the essential facts as have been noted above and the period of detention undergone, it appears just and proper, 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. Also, the learned court below shall make all efforts to conclude the trial as expeditiously as possible, keeping in mind the principle contained in Section 309 Cr.P.C.
Order Date :- 27.11.2019 Abhilash