Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48283 of 2019 Applicant :- Krishna Bind Opposite Party :- State of U.P. Counsel for Applicant :- Sadhu Sharan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sadhu Sharan, learned counsel for the applicant as well as Sri S.P. Maurya, 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 - Krishna Bind with a prayer to release him on bail in Case Crime No. - 84 of 2019, under Sections - 354, 504 IPC and 7/8 of POCSO Act, 2012, Police Station - Nandganj, District - Ghazipur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction of a minor girl, punishable with imprisonment 7 years;
(ii) against FIR lodged on 15.04.2019, the applicant is in confinement since 29.08.2019;
(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) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that the applicant has been falsely implicated owing to pre-existing disputes between the parties. It has been further submitted that there is gross and unreconcilable discrepancy in the facts as alleged in the F.I.R.; statement of the informant and; the statement of the victim recorded under Section 164 Cr.P.C. In fact, the nature of the alleged offence and the date of incident have also been changed.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 :- 29.11.2019 Saif