Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49352 of 2018 Applicant :- Kumar Rajneesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pulak Ganguly,Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Kumar Rajneesh with a prayer to release him on bail in Case Crime No. 512 of 2018 (S.T. No. 151 of 2018), under Sections 354-A, 377, 376, 506 IPC, and section 3/4 POCSO Act Police Station Dhoomanganj, District- Allahabad, during pendency of trial.
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 submission is that applicant has been falsely implicated by his wife on account of dispute with her.From the statement of the informant under section 164 Cr.P.C. it appears that there is dispute between the informant and the applicant, there is possibility of false implication of the applicant in this case.From the medical report it appears that there are some injuries on the private part of the daughter of the informant.Keeping in view that there is dispute between the informant and applicant ,there is possibility of false implication of the applicant. From the perusal of the order sheet it appears that trial has not yet proceeded. The applicant is languishing in jail since 27.4.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has 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, 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 Kumar Rajneesh 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.
The trial court is directed to conclude the trial within a period of one year from the date of production of certified copy of this order before it.
Order Date :- 31.7.2019 Atul kr. sri.