Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55990 of 2019 Applicant :- Punit Trivedi Opposite Party :- State of U.P. Counsel for Applicant :- Sushila 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.
Submission is that applicant has been falsely implicated in this case by the informant for ulterior motives. The allegations made in the FIR by the informant against the applicant have not been supported by the victim in her statement under Section 164 Cr.P.C. As per report of the radiologist the age of the victim is 16-17 years. Given margin of two years on higher, she can be considered to be major. Hence no offence is made out against the applicant. The applicant has no criminal history to his credit and he is languishing in jail since 03.07.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Punit Trivedi, involved in Case Crime No.219 of 2019, under Sections 363, 366, 376(2)Jha IPC, Section 3/4 of POCSO Act and Section 3(2)5/3(1)(xii) S.C/S.T. Act, Police Station Pooramufti, District- Kaushambi 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 16.12.2019 SS