Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55586 of 2019 Applicant :- Ram Milan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Jaysingh Yadav, learned counsel for the applicants; as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Ram Milan & Anuj Raja with a prayer to release them on bail in Case Crime No. -180 of 2019, under Sections -354Ka, 427, 506 I.P.C. & Section 7/8 of the Protection of Children From Sexual Offences Act, Police Station - Bar, District - Lalitpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of offence of sexual harassment on a minor child, punishable with imprisonment of five years;
(ii) against FIR lodged on 11.09.2019, the applicants are in confinement since 14.09.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, for purpose of grant of bail, it has been submitted that the applicant has been falsely implicated owing to other disputes between the parties. In that regard inconsistencies have been pointed out that the FIR had been lodged with a delay of almost one month and there are only general allegations;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 S.Chaurasia