Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45173 of 2019 Applicant :- Indrajeet Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
By the order dated 01.11.2019, ossification test report was sought from the C.J.M./ C.M.O., Maharajganj, but no such report has been produced by learned AGA before the Court.
In response to the notice sent by the Court, Sri Satyendra Kumar Singh, Advocate, has put in appearance on behalf of opposite party No.2 and has filed Vakalatnama.
Heard learned counsel for the applicant, 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, Indrajeet, with a prayer to release him on bail in Case Crime No.319 of 2018, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Paniyara, District- Maharajganj, during pendency of trial.
Learned counsel for the applicant has submitted that age of the victim is about 20 years as per voter ID Card. As per school record, her date of birth is 8.7.2004. On the date of incident, her age was about 14 and 1/2 years. It has further been submitted that age of the victim mentioned in the school record is incorrect. Her age is about 19 years as per her statement under Section 164 Cr.P.C. and he has also admitted marrying the applicant and living as husband and wife. The applicant has been falsely implicated in this case. The applicant has no criminal history to his credit and he is languishing in jail since 05.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has stated that victim is aged about 20 years as per instructions from the informant and victim has married the applicant. She has no objection in case the applicant is enlarged on bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not disputes the arguments advanced by learned counsel for the informant.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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 :- 17.12.2019 Ruchi Agrahari