Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39529 of 2019 Applicant :- Ramesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.,Vinay Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Vinay 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, Ramesh Yadav, with a prayer to release him on bail in Case Crime No. 45 of 2018, under Sections 376-D, 504, 506, 452 IPC and 3/4 POCSO Act, Police Station Chauri-Chaura, District- Gorakhpur, during pendency of trial.
Submission is that informant and prosecutrix have been examined as PW-1 and PW-2 respectively. PW-1 has turned hostile before the trial court. PW-2 has also not supported the allegation made against the applicant in her cross-examination. The age of the victim, as per medical report, is 18 years. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 19.02.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have 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.
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