Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48955 of 2019 Applicant :- Ramchandra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi,Amit Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 26.11.2019 notice upon opposite party no.2 has been served. No one appears on behalf of the opposite party no.2.
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, Ramchandra Gupta with a prayer to release him on bail in Case Crime No. 391 of 2019, under Sections 376, 511 IPC, section 3(2)5 ka S.C./S.T. Act and section 8 POCSO Act Police Station Kotwali Nagar, District- Banda, 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 further submitted that family of the applicant and family of the victim are neighburs.It is alleged that incident has been attributed to the applicant on account of neighbourly dispute between them.The First Information Report was lodged by grand mother of the victim but in the statement of the victim under section 164 Cr.P.c. there is no mention of presence of her grand mother.It is further submitted that number of persons were sleeping and even daughter of the applicant was also sleeping.Therefore allegation is not credible.The victim is although minor aged about twelve years as per First Information Report but the offecne alleged is doubtful. The applicant is languishing in jail since 2.7.2019, 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 :- 27.11.2019 Atul kr. sri.