Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52963 of 2019 Applicant :- Rehan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Raj Kumar Vaishya, learned counsel for the applicant as well as Sri Ankit Srivastava, 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 - Rehan with a prayer to release him on bail in Case Crime No. - 124 of 2019, under Sections - 363, 366, 354 IPC and Section 8 of POCSO Act, Police Station - Bithari Chainpur, District - Bareilly, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction to force marriage and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 22.4.2019, the applicant is in confinement since 24.4.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, there is gross discrepancy in the allegations made in the FIR. Thus, it has been submitted, a girl has been recovered three days after the occurrence indicating that she had left of her own free will;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 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.
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.
Order Date :- 29.11.2019 Prakhar