Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26235 of 2018 Applicant :- Mohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Chandra Tiwari,Bharat Garg,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Rakesh Chandra Tiwari and Sri Bharat Garg, learned counsels 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, Mohit with a prayer to release him on bail in Case Crime No.275 of 2018, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Majhola, District- Mordabad, during pendency of trial.
It is argued by the learned counsel for the applicant that there is vital contradiction between the statements of victim under Section 161 and 164 Cr.P.C. After lodging the FIR, the victim has given an application on 29.3.2018 before the S.H.O. concerned stating that she left her house in anger and went with the applicant, Mohit. Now she has returned back and wants to go with her parents. The application is in writing of prosecutrix and she has made signatures on the application. The same has been brought on record as Annexure No. SA- 2 alongwith supplementary affidavit. The age of the victim, as per medical report, is 16 years. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 29.3.2018. 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 Mohit 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 :- 21.8.2019 Ruchi Agrahari