Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30225 of 2019 Applicant :- Ibne Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Usha Srivastava, Shailesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Shailesh Kumar, learned counsel for the applicant, Sri Amit Singh Chauhan, 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, Ibne with a prayer to release him on bail in Case Crime No. 174 of 2019, under Sections 363, 366, 120-B I.P.C. and Section 16/17 Protection of Children from Sexual Offences Act, Police Station- Gursahayganj, District- Kannauj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. As per the allegations made in the F.I.R. on 05.04.2019, at about 06:00 p.m., the daughter of the informant was enticed away by the named accused Nadeem, after searching when she could not be found, for which the present F.I.R. has been lodged. As per the medical report, she is 16 year old girl. It is next submitted that the statement of the victim has been recorded under Section 164 Cr.P.C, in which she has stated that she had just seen the applicant in the car and has not stated anything serious against the applicant. The victim was recovered safely, after which her custody was given to her parents. From bare perusal of the entire evidence on record, no offence is made out against the applicant. The applicant is languishing in jail since 14.05.2019. The applicant has no criminal history except in the present case. 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 deserve 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 the 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 the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
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 Priya