Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40333 of 2019 Applicant :- Kumarsen Alias Kunwarsen Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Kumarsen Alias Kunwarsen with a prayer to release him on bail in Case Crime No.143 of 2019, under Sections 354, 504, 506 IPC and Section 7/8 POCSO Act, Police Station Fatehganj Purvi, District- Bareilly, during pendency of trial.
Submission is that it is a case of false implication. There is no allegation of causing injury to the injured against the applicant. First information report is delayed by two days. The incident took place on 12.7.2019 and the FIR was lodged on 14.7.2019. The injury report of the injured has been brought on record, which shows that there are three injures on face, right forehead and right neck of the injured. It has been submitted that no injuries are alleged in the FIR and the injury report has been made only to implicate the applicant. Injuries of the injured are found to be simple in nature by the doctor. The applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 17.7.2019. 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 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.9.2019 Ruchi Agrahari