Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47683 of 2019 Applicant :- Naim And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Braham Singh,Sushil Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sushil Kumar Tewari, learned counsel for the applicants; as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Naim & Khushnawaz with a prayer to release them on bail in Case Crime No. -240 of 2019, under Section -354(D) I.P.C. and Section 7/8 of Protection of Child From Sexual Offence Act, Police Station - Bhagatpur, District - Moradabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of stalking, punishable with imprisonment of three years;
(ii) against FIR lodged on 14.09.2019, the applicants are in confinement since 14.09.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that the prosecution story has developed with material allegation emerging only during investigation and not at the stage of FIR. Further, it has been submitted that the allegations are wholly false and motivated;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 S.Chaurasia