Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40507 of 2019 Applicant :- Kasim Opposite Party :- State of U.P.
Counsel for Applicant :- Pratik J. Nagar,Vivek Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed is taken on record.
2. Heard Sri R.K. Shukla, learned counsel holding brief of Sri Vivek Tripathi, learned counsel for the applicant as well as Sri M.K. Dwivedi, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Kasim with a prayer to release him on bail in Case Crime No. - 558 of 2019, under Sections - 363, 366, 368 and 506 I.P.C. read with Sections 16 and 17 of the POCSO Act, Police Station - Vijaynagar, District - Ghaziabad, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction with intent to force marriage of a minor child, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 05.06.2019, the applicant is in confinement since 17.06.2019;
(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 trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, though the victim made allegation in the statement recorded under Section 164 Cr.P.C., however, the medical examination did not support the allegation to any extent. In that regard, it has been further stated that the first information report was lodged on 05.06.2019, the girl had been recovered on 11.06.2019. Also, there were no injuries reported either external or internal;
(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.
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 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 :- 25.11.2019 Saif