Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23289 of 2019 Applicant :- Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Maurya,Sanjay Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sanjay, learned counsel for the applicant, Sri Mohd Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Monu with a prayer to release him on bail in Case Crime No. 353 of 2017, under Section 376 I.P.C. and 3/4 POCSO Act, Police Station- Shamshabad, District- Agra, during pendency of trial.
It is argued by the learned counsel for the applicant that initially, the F.I.R. has been lodged U/s 363, 366 I.P.C. and 7/8 POCSO Act & 3(2)(5) S.C./S.T. Act in which the applicant has already been granted bail by the another Bench of this Court on 29.05.2019 passed in Cri. Misc. Bail Application No. 9913 of 2019, copy of which has been passed on to the Court today, is kept on record. Subsequently, during the course of investigation, the police has added section 376 IPC as per the statement of the victim recorded under Section 164 Cr.P.C., wherein she has stated that she was in relationship with the applicant since last 2, 3 years and they have performed marriage in a temple. She has further stated that she went with the applicant out of her own sweet will and she has not stated anything against the applicant recording commission of offence. It is further submitted by learned counsel for the applicant that the applicant is ready and willing to bring back the victim and is accepting her as his wife. The applicant is languishing in jail since 13.11.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer 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 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.
4. The applicant shall deposit a sum of Rs. 10,000/- in the form of F.Ds. favouring the victim within a period of 15 days from the date of his releasing. In case, the same is not done by the applicant, the bail so granted, shall stands automatically cancelled.
5. The applicant will bring the victim along with him within two months after being released from jail. In case, the same is not done by the applicant, the bail so granted, shall stands automatically cancelled.
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 :- 4.6.2019 JK Yadav