Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30080 of 2019 Applicant :- Lal Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- R.V.Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri R.V.Chaudhary, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Lal Babu with a prayer to release him on bail in Case Crime No. 41 of 2019, under Sections 363, 366 I.P.C., Police Station- Bijpur, District- Sonbhadra, during pendency of trial.
It is argued by the learned counsel for the applicant that the victim herself has lodged the present F.I.R. with the allegation that she was taken by the applicant after persuasion and sexually assaulted her. It is further alleged that she was also beaten by the applicant. Thereafter, both were taken to the police station where they entered into the compromise but after some days she again left the house as the applicant used to be beaten her. Since the victim has come back safely and lodged the F.I.R. then no offence under Sections 363 and 366 I.P.C. is made out against the applicant. It is further argued that the prosecution version as well as the statements under Sections 161 and 164 Cr.P.C. do not corroborate to the medical evidence, which makes the prosecution story doubtful. The applicant is languishing in jail since 30.04.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer 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 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 :- 26.7.2019 JK Yadav