Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52606 of 2019 Applicant :- Ismail Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Dev Rai Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kamal Dev Rai, learned counsel for the applicant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ismail with a prayer to release him on bail in Case Crime No. - 125 of 2019, under Sections - 354Ka, 342, 323, 506, 363, 366 IPC & 7/8 POCSO Act, Police Station - Badausa, District - Banda, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of molestation, abduction of minor girl to force marriage, punishable with imprisonment of ten years;
(ii) against FIR lodged on 5.9.2019, the applicant is in confinement since 7.9.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted by the learned counsel for the applicant that the applicant and victim were in a relationship that had gone bad. Arising from the disapproval to the relationship by the girl's family, false allegations have been made against the applicant.
4. Learned AGA has opposed the bail application on the ground that there are specific allegations against the applicant and there are independent witness who have supported the prosecution story.
5. In view of the above, without expressing any opinion on the final merits of the case, 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.
Order Date :- 28.11.2019 Prakhar