Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14016 of 2018 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Singh,Akhilesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today is taken on record.
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, Sandeep Kumar with a prayer to release him on bail in Case Crime No. 113 of 2017, under Sections 363, 366, 376-D, 323, 504 and 120-B IPC, Police Station Sakeet, District- Etah, during pendency of trial.
It is argued by the learned counsel for the applicant that victim has made allegations against co-accuseds and the applicant in her statement under Section 164 Cr.P.C. She has stated that she was put under captivity by the accuseds. The applicant is not named in the FIR. Co- accuseds, Nizma and Suraj, have already been enlarged on bail by this Court vide order dated 01.9.2017 and 05.10.2017 in Criminal Misc. Bail Application Nos. 33224 of 2017 and 34345 of 2017 respectively. The age of the victim is found to be 18-19 years by the doctor. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 29.5.2017. 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, 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 Sandeep Kumar 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 :- 26.7.2019 Ruchi Agrahari