Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52281 of 2019 Applicant :- Rajnish Opposite Party :- State of U.P.
Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Raj Kumar Singh, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rajnish, with a prayer to release him on bail in Case Crime No. 658 of 2019, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Sadar Bazar, District- Saharanpur, during pendency of trial.
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. The age of the victim has been found to be 18 years by the doctor. 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 21.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has no objection, if the applicant is enlarged on bail.
Learned AGA has opposed the prayer for bail, but could not dispute the above submissions.
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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Ruchi Agrahari