Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33468 of 2018 Applicant :- Jodhpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pravesh Kumar,Deepak Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Jodhpal with a prayer to release him on bail in Case Crime No. 511 of 2017, under Sections 376, 323, 504, 506 IPC,Section 4 POCSO Act and section 3(2) 5 of SC/ST Act Police Station Kakore, District- Bulandshahar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further submitted that there was prior dispute between the applicant and mother of the prosecutrix. On the complaint of the mother of the prosecutrix applicant was challaned under sections 151/107/166 Cr.P.C.Thereafter her mother has lodged present First Information Report on 14.12.2017 after making an application under section 156(3) Cr.P.C.before the Magistrate.The alleged incident is said to have taken place on 28.8.2017.The application under section 156(3) Cr.P.C. was filed on 28.9.2017.It has been submitted that applicant has been implicated on account of earlier dispute between the parties.The applicant is aged about 70 years as per Adhar Card brought on record. The applicant is languishing in jail since 1.7.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has 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 Jodhpal 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 :- 21.8.2019 Atul kr. sri.