Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36202 of 2018 Applicant :- Mote @ Jagmohan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nishith Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Nishith Tripathi, learned counsel for the applicant and Sri P.S. Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive and previous enmity. It is further submitted that F.I.R. is delayed by two days for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that the medical report does not corroborate the prosecution version. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to co-operate with the process of law and shall faithfully make himself available before the Court whenever required. It has also been submitted that the applicant is languishing in jail since 09.06.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Hon'ble Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 2 SCC, 22, and without expressing any opinion on the merit of the case, I find it be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Mote @ Jagmohan Singh, involved in Case Crime No. 172 of 2018, under Sections 377, 506 I.P.C., & 4 POCSO Act 2012, at Police Station Mangalpur, District Kanpur Dehat be released on bail on his furnishing a personal bond with two sureties of (Rs. 1 lakh each) (One should be family member) with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after released.
2. He will not tamper with the witnesses
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Keeping in view of the Hon'ble Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and others reported in AIR 2018 SC 2004, trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferable within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 25.9.2018 Md Faisal