Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32693 of 2018 Applicant :- Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Ken Singh,Avanish Kumar Shukla,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Sanjay Singh
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, with a prayer to release him on bail in Case Crime No. 510 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Etmadpur, District- Agra, during pendency of trial.
Submission is that from the statement of victim under Section 164 Cr.P.C., it appears that she is well known to the applicant and he is her neighbour. She was forcibly abducted by the applicant in car and taken to Gujrarat, where she lived with him for seven months. At that point of time, victim did not raised any alarm, nor cried for help anywhere. After she came back, her statement under Section 164 Cr.P.C. was recorded, wherein she has alleged forcible abduction. It has further been submitted that she appears to be a consenting party. She has eloped with the applicant on her own free will. The age of victim, as per medical report, is 17 years. However given margin of two years on higher side, she can be considered to be major. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 28.3.2018 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 :- 30.9.2019 Ruchi Agrahari