Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52123 of 2019 Applicant :- Ikhlakh Opposite Party :- State of U.P. and Others Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit has been filed by learned counsel for the informant, which is taken on record.
Heard learned counsel for the applicant, Sri Dinesh Kumar Yadav, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ikhlakh, with a prayer to release him on bail in Case Crime No. 254 of 2019, under Sections 376-D, 506 IPC and 3/4 POCSO Act, Police Station Kairana, District- Shamli, during pendency of trial.
Submission is that admittedly, applicant is minor, but in her statement before the trial court as PW-2 and the statement of the informant as PW-1, they have not supported the prosecution case. They have been declared hostile. The applicant has no criminal history to his credit and he is languishing in jail since 17.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have opposed the prayer for bail 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.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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 applicant involved in the aforesaid crime be released on bail on his 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 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 :- 27.11.2019 Ruchi Agrahari