Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30548 of 2019 Applicant :- Natthu Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant- Natthu Lal with a prayer to enlarge him on bail in Case Crime No.646 of 2018, under Sections 342, 354, 323 I.P.C. & Section 8 of POCSO Act, Police Station Nawabganj, District Bareilly.
It is argued by learned counsel for the applicant that as per allegation in the F.I.R. the applicant along with other co- accused tried to molest the victim who is said to be 17 years old. It is argued that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued at the bar that the co-accused, namely Anil wanted to marry the prosecutrix forcibly to which she was not agreeing and in order to get rid of the request made by the co-accused, the present FIR has been lodged. The applicant is friend of co- accused who also tried to convince her to marry with the co- accused. It is next contended that the co-accused - Anil Kumar has already been granted bail by this Hon'ble court passed in Criminal Misc. Bail Applicant No. 16642 of 2019 vide order dated 24.04.2019, copy of which order has been apppended as Annexure no. 6 of the affidavit accompanying the bail applicant and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 27.05.2019. 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.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the appliucant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.7.2019 Priya