Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56000 of 2019 Applicant :- Manoj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Singh,Sarfaraz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
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, Manoj with a prayer to release him on bail in Case Crime No. 70 of 2019 (S.T. No. 244 of 2019), under Sections 376-D IPC, and section 5/6 of Protection of Children From Sexual Offence Act, 2012 and section 67 of I.T. Act Police Station Kuber Esthan, District- Kushinagar, 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 is submitted that victim was having affair with co-accused, Raju and co-accused, Vishal, made video of the victim along with Raju in compromising position.After video went viral the applicant and other co-accused went to the house of the victim and informed her parents about the video.The applicant was implicated in the First Information Report, however no role was assigned to him.His role is only of catching hold of hands and legs of the victim, while she was subjected to rape by the co- accused, Raju. The applicant is languishing in jail since 29.3.2019, who is not a previous convict. 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 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.
Order Date :- 17.12.2019 Atul kr. sri.