Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47274 of 2019 Applicant :- Nitesh Kumar Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Priya Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit has been filed by learned AGA, which is taken on record.
As per the office report dated 26.11.2019, notice on opposite party No.2 has been served, but no one appears on his behalf.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Nitesh Kumar Rajbhar, with a prayer to release him on bail in Case Crime No. 102 of 2019, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Sahatwar, District- Ballia, during pendency of trial.
As per documents on record, the victim is admittedly minor. In her statement under Section 164 Cr.P.C., victim has not made allegation of rape against the applicant. She has also stated that she went to Channai with the applicant by train on her own and worked there. No allegation of rape has been against the applicant. It has been submitted that applicant is the cousin of the victim. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 7.8.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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 noted above, larger mandate of the Article 21 of the Constitution of India 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 :- 27.11.2019 Ruchi Agrahari