Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31352 of 2019 Applicant :- Praveen Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Upadhyay,Sushil Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 26.11.2019 notice on behalf of opposite party no.2 has been served personally, however no one appears on behalf of the opposite party no.2.
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, Praveen with a prayer to release him on bail in Case Crime No. 40 of 2019, under Sections 363,376, 506 IPC, and section 3/4 POCSO Act Police Station Jaithra, District- Etah, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that victim is aged about 17 years as per report of the doctor. Given margin of two years on higher side, she can be considered to be major.The victim has left house of her own on scolding by her mother and on the way she met applicant and went with him.The offence under section 363 I.P.C. is not made out against the applicant. It is further submitted that applicant took her to his parents' house, his parents refused to accept her therefore applicant took the victim to her sister's house where he committed the alleged offence.Victim willingly eloped with applicant but has later implicated him. Victim did not made any alarm or cried for help nor requested the father of applicant to get her dropped back to her house.
The applicant is languishing in jail since 23.2.2019, who is not a previous convict. 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.
Order Date :- 27.11.2019 Atul kr. sri.