Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52383 of 2019 Applicant :- Kamran Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Kumar Garg, Advocate, holding brief of Shri Manoj Kumar Srivastava, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastava, 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 - Kamran with a prayer to release him on bail in Case Crime No. 407 of 2019, under Sections 354, 506 IPC and Section 7/8 POCSO Act, Police Station - Saurikh, District - Kannauj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of of molestation and criminal intimidation of girl child, punishable with imprisonment of seven years;
(ii) against FIR lodged on 14.09.2019, the applicant is in confinement since 15.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, wholly vague allegations have been made in the FIR owing to pre-existing differences between the applicant and the relatives of the victim child and that no incident had actually taken place;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. 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 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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 AHA