Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9913 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 Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been submitted that the victim is residing with her parents. The age of the victim has been found to be 16 years. A supplementary affidavit has been filed wherein copy of the Aadhar Card of the victim has been brought on record. On the basis of the aforesaid Aadhar Card her age is found about 20 years. The applicant is in jail since 13.11.2018 and he has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Monu involved in Case Crime No.353 of 2017, under Sections 363, 366 IPC and 7/8 POCSO Act & 3(2)(5) SC/ST Act, Police Station Shamshabad, District- Agra 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.5.2019 SS