Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36786 of 2021 Applicant :- Ram Mohan Opposite Party :- State of U.P.
Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.,Mukti Nath Dwivedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant; Sri Mukti Nath Dwivedi, learned counsel for the informant as well as Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ram Mohan with a prayer to release him on bail in Case Crime No. - 104 of 2021, under Sections - 354, 504, 506, 376 I.P.C., Police Station - Sehramau Dakshini, District - Shahjahanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 12.3.2021, the applicant is in confinement since 05.6.2021.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the FIR was lodged with a delay of almost fifteen days even then only allegation of molestation was made which was supported in the first statement recorded during investigation; later, a wholly exaggerated and false narration of the incident has been given in the statement recorded under Section 164 Cr.P.C. of rape having been committed on the victim by three brothers which is highly improbable; then it has been submitted that though the victim claims to have been taken to Delhi, there is no missing person report or any corroborative material in support of such exaggerated allegations.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) the applicant shall neither intimidate the victim nor even make contact with her either personally or through electronic means or in any other means.
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 applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
8. In case of default of any of the conditions imposed in the interests of justice, the bail granted to the applicant shall automatically stand cancelled.
Order Date :- 23.12.2021 Faraz