Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51860 of 2019 Applicant :- Praveen Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that from the allegation in the F.I.R. it is clear that earlier victim had consensual relationship with the applicant and thereafter she had entered into fresh relationship with Krishna Yadav. She has levelled allegation regarding offence committed one year back in the F.I.R. It has been submitted that the victim has falsely implicated the applicant. At the time of alleged offence no report was lodged. The age of the victim has been found to be 17 years. Given margin of two years on the higher side she can be considered to be major. The applicant is in jail since 14.08.2019 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- Praveen Kushwaha, be released on bail in Case Crime No. 229 of 2019, under Sections 376, 506 IPC & Section 3/4 of POCSO Act, Police Station- Ramkola, District- Kushinagar, 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.
Order Date :- 26.11.2019 Rohit