Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46671 of 2019 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Rahul with a prayer to release him on bail in Case Crime No. 673 of 2019, under Section 376 IPC, and section 3/4 POCSO Act Police Station Gangoh, District- Saharanpur, 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 has lodged against the applicant.Victim claimed her age is fourteen years and has alleged offence under section 376 I.P.C. However in her statement under section 164 Cr.P.C. she has not named applicant and stated that some unknown boy committed rape on her.It has been alleged that victim has lodged two more First Information Reports against other persons on the same allegation and demanded illegal money for absolving the accuseds from the alleged offence.The First Information Report of case crime no. 759 of 2019 under sections 36, 506 I.P.C. and case crime no. 632 of 2019 under sections 354-B I.P.C. and section 7/8 of POCSO Act have been brought on record. The applicant is languishing in jail since 1.9.2019, 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 :- 28.11.2019 Atul kr. sri.