Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24703 of 2019 Applicant :- Kuldeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Kuldeep, who is involved in Case Crime No.271 of 2017, under Sections 5/6 Protection of Children from Sexual Offences Act and 3(2)5-A of S.C./S.T. Act, Police Station- Kurawali, District- Mainpuri.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further submitted that earlier to this a First Information Report against the applicant and his brother was registered under Section 363, 366, 376-D I.P.C., 3/4 POCSO Act & 3(2)5 of S.C./S.T. in which bail has been granted by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.16652 of 2019 on 23.04.2019. This application has been filed for release of the applicant on bail as additional charges under Section 5/6 of the POCSO Act read with Section 3(2)(5)-A S.C./S.T. Act had been inflicted upon the applicant. Learned counsel for the applicant submits that when bail has been granted to him in the earlier bail application, there was no reason to detain him under Section 5/6 of the POCSO Act read with Section 3(2)(5)-A S.C./S.T. Act. It is further submitted that the applicant has no other criminal history and is in jail since 06.11.2018 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Kuldeep, be released on bail in Case Crime No.271 of 2017, under Sections 5/6 Protection of Children from Sexual Offences Act and 3(2)5-A of S.C./S.T. Act, Police Station-Kurawali, District- Mainpuri on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 Ram Murti