Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38097 of 2019 Applicant :- Kaluwa Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Siddharth Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.305 of 2019 under Sections 363,366,376(2)(Jha), 120-B IPC and Sections 3/4 and 16/17 of P.O.C.S.O. Act, Police Station Murad Nagar, District Ghaziabad during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that initially the FIR was lodged against four persons under Section 366 IPC. During the course of investigation, the victim was recovered and her statement under Sections 161 & 164 Cr.P.C. was recorded. The victim has deposed about the complicity of the applicant as he is the brother-in-law of co-accused Imran. It has been alleged by the victim that the applicant had given shelter to her as well co-accused Imran and pressurized them to perform marriage. Specific role has been attributed to co- accused Imran who has already been enlarged on bail by the co- ordinate Bench of this Court vide order dated 23.7.2019.
It has been pointed by the learned counsel that three accused persons, who have been named in the FIR have been exonerated and the charge sheet has been submitted against the applicant and brother-in-law as co-accused Imran. The applicant has falsely been implicated in the present case merely because he is the brother-in-law of co-accused Imran. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 23.6.2019 having no criminal history to his credit deserves to be released on bail. In case the applicant is enlarged on bail he will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that there is active participation of the applicant in the commission of crime.In case the applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process and tamper/intimidate the prosecution witnesses. Therefore, the applicant does not deserve to be released on bail.
I have considered submissions made by the learned counsel for the applicant and the learned A.G.A.
Looking to the facts and circumstances of the case and without expressing any opinion of the merits, let the applicant Kaluwa involved in 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 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, the prosecution shall be at liberty to move an application 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 :- 25.9.2019 M. Tariq