Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17614 of 2019 Applicant :- Ramchandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Navin Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Navin Kumar Pandey, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ramchandra with a prayer to release him on bail in Case Crime No. 336 of 2018, under Sections 363, 366, 368 I.P.C. and Section 16/17 of POCSO Act, Police Station- Jahanganj, District- Farrukhabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per the allegations made in the F.I.R., on 27.06.2018, the victim was enticed away by the co-accused- Sarju with the help of applicant. The victim was recovered on 06.03.2019 and recovery memo goes to show that the victim herself returned to her home. In the statement of the victim, which was recorded on 12.03.2019, she has stated that the co- accused-Sarju had forcibly taken away the victim to Bareilly, where he had sexually assaulted her. She has not stated anything against the applicant. It is next submitted that the applicant being brother of the co-accused-Sarju against whom there is allegation of sexual assault, has been falsely implicated in the present case. As per medical report, the victim is aged about 17 years. The applicant is languishing in jail since 15.03.2019. The applicant does not have any previous criminal history. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer 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 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 :- 29.4.2019 JK Yadav