Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48401 of 2021 Applicant :- Monu Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Chakraborty Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Upon query made, learned AGA states, written instructions have been received by him, amongst others, as to service effected on informant on 17.11.2021. None has appeared on his behalf. Accordingly, the matter has been proceeded on merits.
2. Heard Sri Jitendra Kumar Chakraborty, learned counsel for the applicant and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Monu Gautam, with a prayer to release him on bail in Case Crime No. -427 of 2018, under Sections -363, 366, 376 I.P.C. & Section 3/4 POCSO Act, Police Station -Bidhanu, District -Kanpur Nagar, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 08.08.2018 , the applicant is in confinement since 08.03.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest. No adverse material has been brought on record to establish that the applicant had either avoided arrest or have absconded;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the age of the victim girl has been disputed. It is stated that she was close to 18 years on the date of occurrence. Further, relying on her statement recorded under Section 164 Cr.P.C., it has been stated that the victim girl has materially diluted the prosecution allegation.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.12.2021 S.Chaurasia