Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46082 of 2019 Applicant :- Palen Dhobi @ Aaditya Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Siddharth,J.
List has been revised.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per report of C.J.M., Ghazipur notice on opposite party no. 2 has been served through his legal heirs but no one has put in appearance.
The submission is that the age of the victim as per the allegation made in the FIR is below 16 years. The applicant has been implicated by the elder uncle (tau) of the victim. The father and mother of the victim neither made any complaint nor their statements have been recorded. It has been submitted that the allegation, as per statement of the victim under Section 164 Cr.P.C., against the applicant is that he had committed the offence covered under Section 375(c) I.P.C. It has been submitted that the victim suffered injury somewhere else and he has been implicated on account of village politics by the informant. The applicant is in jail since 14.03.2017 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- Palen Dhobi @ Aaditya, be released on bail in Case Crime No. 311 of 2017, under Section- 376 IPC and Section 3/4 of POCSO Act, Police Station- Muhammadabad, District- Ghazipur, 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.
Trial court will make all efforts to conclude the trial against the applicant within a period of one year.
Order Date :- 17.12.2019 Rohit