Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17630 of 2019 Applicant :- Kaushal Paswaan Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Dinesh Kumar Pandey, learned counsel filed vakalatnama on behalf of the informant today in the Court, is taken on record.
Heard Sri Pawan Kumar, learned counsel for the applicant, Sri Dinesh Kumar Pandey, learned counsel for the informant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Kaushal Paswaan with a prayer to release him on bail in Case Crime No. 32 of 2019, under Sections 363, 366 I.P.C. and 16/17 of POCSO Act, Police Station- Parsa Malik, District- Maharajganj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The present F.I.R. has been lodged under Section 363 and 366 I.P.C. and 16/17 of POCSO Act against the applicant with the allegations that the victim was enticed away by the applicant. In the statement of the victim recorded under Section 164 Cr.P.C., she has stated that the applicant resides in the victim's village and she used to have conversation with him on phone. She has not stated anything against the applicant. She has also stated that there is some dispute between the family of victim and applicant, due to which the present F.I.R. has been lodged with false and frivolous allegation. As per the medical report, the victim is aged about 18 years. The applicant is languishing in jail since 25.03.2019. The applicant does not have any previous criminal history. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer 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 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 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 :- 30.4.2019 JK Yadav