Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57599 of 2019 Applicant :- Mukesh Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the victim has married the applicant. From the statement of the victim under Section 164 Cr.P.C. it appears that after her marriage the applicant used to beat her on account of dispute in marital home. She has came back to her parent's house and has lodged the present FIR. The age of the victim as per medical report is 17 years. Given margin of two years on the higher side she can be considered to be major. Number of photographs and marriage invitation card have been brought on record to substantiate the aforesaid para. The applicant is in jail since 31.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Mukesh Sharma, be released on bail in Case Crime No. 845 of 2018, under Sections- 342, 504, 506, 363, 366, 120-B, 420, 376 IPC and Section 17/18 of POCSO Act, Police Station- Kalyanpur, District- Kanpur Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 20.12.2019 Rohit