Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38104 of 2019 Applicant :- Pradumn Gaur Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.46 of 2019, under Sections 376-DA IPC and Section 3(2)(5) S.C./S.T. Act and Section 5G,6 P.O.C.S.O. Act, Police Station Pathara Bazar, District Siddharth Nagar during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the father of the victim has lodged the FIR against three persons including the applicant that they had enticed away his minor daughter and was raped in turn by them. The prosecution case is inconsistent with the statement of the prosecutrix recorded under Sections 161 & 164 Cr.P.C. as she has not deposed about the alleged rape committed by the applicant. She has only deposed against Sandeep and Mukesh for ravishing her, as such the role of the applicant is distinguishable from them. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 19.5.2019 having no criminal history to his credit deserves to be released on bail. In case the applicant is enlarged on bail he will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that the applicant along with two other persons has been named in the FIR and as per prosecution case the victim is minor. In case the applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process and tamper/intimidate the prosecution witnesses. Therefore, the applicant does not deserve to be released on bail.
Looking to the facts and circumstances of the case and without expressing any opinion of the merits, let the applicant Pradumn Gaur involved in 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 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, the prosecution shall be at liberty to move an application 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 :- 25.9.2019 M. Tariq