Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43719 of 2019 Applicant :- Islamu Alias Islamuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Nayan Singh,Prakash Chandra Dwivedi Counsel for Opposite Party :- G.A.,Devendra Kumar Yadav
Hon'ble Siddharth,J.
Heard Sri Rajeev Nayan Singh and Sri Prakash Chandra Dwivedi learned counsels for the applicant, Sri Devendra 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, Islamu Alias Islamuddin, with a prayer to release him on bail in Case Crime/FIR No.0776 of 2018, under Sections 363, 366, 376-D, 342, 306, 506, 120-B IPC and 5/6 POCSO Act, Police Station Soraon, District- Prayagraj, during pendency of trial.
Submission is that age of the victim, as per medical report, is 19 years. The allegation against the applicant is that he was taking the victim alongwith Haseena, Hazaratal and driver and left her and ran away. There is no allegation of rape and abduction against the applicant. The allegation of rape and abduction is against other co- accuseds. It has been submitted that co-accuseds, Haseena and Hazaratal, have been enlarged on bail by the court below. The role of the applicant is different from the role of co-accuseds. The applicant has no criminal history to his credit and he is languishing in jail since 08.8.2019. 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 :- 29.11.2019 Ruchi Agrahari