Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45196 of 2019 Applicant :- Ranjeet Opposite Party :- State of U.P.
Counsel for Applicant :- Anvir Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 25.11.2019, notice on opposite party No.2 has been served personally as per report of the C.J.M., Budaun, but no counter affidavit has been filed nor anyone has put in appearance on his behalf.
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, Ranjeet, with a prayer to release him on bail in Case Crime No. 252 of 2018, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Moosa Jhag, District- Budaun, during pendency of trial.
Submission is that from the statement of the victim under Section 164 Cr.P.C., it appears that victim willingly eloped with the applicant. However, later she has made allegation of rape against him. It has been submitted that from the medical report, there is no sign of rape found on the person of the victim. Her age has been found to be 16 years by the doctor. However, given margin of two years on higher side, she can be considered to be major. The medical report does not supports the prosecution case. 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 16.11.2018. 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Ruchi Agrahari