Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52067 of 2019 Applicant :- Manish Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Maohammd Nadeem,Ashish Kumar 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, Manish Kumar, with a prayer to release him on bail in Case Crime No. 56 of 2019 (Criminal Case No. 1246 of 2019), under Sections 366, 376D IPC, Police Station Kotwali Kannauj, District- Kannauj, during pendency of trial.
Submission is that age of the victim, as per medical report, is 18 years. It has been submitted that she willingly eloped with the applicant and went to Delhi. She stayed with applicant for 15 days and thereafter, she came back. FIR was lodged on 27.1.2019, when the victim was eloped with the applicant on 12.1.2019. There was no report of missing of the victim lodged by her parents, as clear from the FIR. It has been submitted that her parents were aware of the victim whereabouts and they are not happy with relationship of the victim. Subsequently, the applicant has been implicated in this case, after allegedly fighting with co-accused. The applicant has no criminal history to his credit and he is languishing in jail since 02.4.2019. 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 :- 26.11.2019 Ruchi Agrahari