Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28623 of 2019 Applicant :- Nandram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ramesh Kumar, 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, Nandram with a prayer to release him on bail in Case Crime No. 330 of 2019, under Sections 354-ka, 354- kha, 506 I.P.C. and Section 7/8 POCSO Act, Police Station- Kotwali, District- Lalitpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further argued that as per the allegation made in the F.I.R., when the victim was alone in her house, the applicant entered into her house and molested her. Subsequently, the same version has been reiterated in her statement under Section 164 Cr.P.C, however, the victim herself has refused to get herself medically examined. It is further argued that one day prior to the lodging of the F.I.R., there was a dispute between the applicant's mother and informant's wife, hence in order to take revenge, the present F.I.R. has been lodged with false and frivolous allegations. The applicant is languishing in jail since 06.05.2019. 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.
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 :- 26.7.2019 JK Yadav