Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39995 of 2019 Applicant :- Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned AGA for the State and Shri Jai Prakash Prasad, learned counsel for the informant 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. 205 of 2019, under Sections 342, 363, 366, 504, 506 IPC, Police Station Bhojpur, District- Moradabad, 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. It has been further submitted that from the statement of the victim under section164 Cr.P.C., it appears that she had willingly accompanied the applicant.Thereafter she alleges forceful abduction.Victim has been given in custody to her parents, who is aged about nineteen years. Victim has married the applicant. The applicant is languishing in jail since 16.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has submitted that document of registration of marriage was got by threat.The letter sent to the police authorties by the victim were sent when she was in captivity of the applicant.
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 Manish 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 :- 26.9.2019 Atul kr. sri.