Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28510 of 2019 Applicant :- Kuldeep Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Swetashwa Agarwal,Irfan Chaudhary Counsel for Opposite Party :- G.A.,Mohd. Zakir
Hon'ble Siddharth,J.
Report of radiologist report produced before the court is taken on record.
Heard learned counsel for the applicant, Shri Mohd. Zakir, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Kuldeep with a prayer to release him on bail in Case Crime No. 150 of 2019, under Sections 363, 366, 376, 328 IPC, and section 3/4 of Protection of children From Sexual Offences Act, 2012 Police Station Kandhla, District- Shamli, during pendency of trial.
By the order of this court dated 16.9.2019 this court directed the C.J.M. Shamli to get the ossification test of the victim conducted through C.M.O. As per the ossification test report dated 14.11.2019 of the victim the age of the victim is 17-18 years.
Learned counsel for the applicant has submitted that given margin of only one year on higher side, she can be considered to be major. It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.The victim has admitted that she knows the accused well and she has left her house on her own and later made story against the applicant.As per medical report of the victim there does not appears to be any sign of rape.The doctor has not given any opinion about the rape.Victim returned herself after informing her father and she was not recovered alongwith applicant.There is no evidence regarding alleged video given to the investigating officer. The applicant is languishing in jail since 9.4.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail 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 noted above, larger mandate of the Article 21 of the Constitution of India 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.
Order Date :- 27.11.2019 Atul kr. sri.