Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17580 of 2019 Applicant :- Pushpendra Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Bharat Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Pushpendra with a prayer to release him on bail in Case Crime No. 307 of 2018, under Sections 363, 366, 323 I.P.C. and U/s 16/17 of POCSO Act, Police Station- Islamnagar, District- Badaun, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per the allegations made in the F.I.R., which was lodged by the father of the victim, the victim was enticed away by the applicant and co-accused-Nanhe. After recovery of the victim, her statement was recorded under Section 161 Cr.P.C. in which she has stated that she left her house out of her own sweet will and went with the co-accused-Nanhe. She also stated that she voluntarily married with the co-accused-Nanhe and wants to stay with him whereas in her statement recorded under Section 164 Cr.P.C., she has changed her version stating therein that the applicant had forced her to marry the co- accused-Nanhe. There are variations in her statements, it appears that the victim is friendly with the co-accused-Nanhe and the applicant being his relative has been falsely implicated in the present case. As per medical report, the victim is aged about 16-17 years. The applicant is languishing in jail since 03.02.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer 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 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.4.2019 JK Yadav