Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19215 of 2019 Applicant :- Saurabh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Yadav, Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Mr. Awadhesh Kumar Srivastava, Advocate has filed supplementary affidavit on behalf of the learned counsel for the applicant in Court today, is taken on record.
Mr. Om Prakash Mishra, learned AGA has also filed counter affidavit on behalf of the State in Court today, is taken on record.
Heard Sri Virendra Singh Yadav, 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, Saurabh Kumar with a prayer to release him on bail in Case Crime No. 636 of 2016, under Sections 323, 452, 504, 506, 354-B I.P.C. & 8 Protection of Children from Sexual Offence Act, 2012, Police Station- Bahedi, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that on 07.11.2016, at about 09:30 p.m., applicant has entered in the house of the informant and came at the bed of the victim and tried to sexually assault her, when the victim made noise, then family members of the informant came and caught the applicant, thereafter the family members of the applicant came to the house of the informant having deadly weapons, when the informant made complaint to the parents of the applicant, they started beating the informant and his family members and got released the applicant after threatening to kill them. It is next submitted that the statement of the informant has been recorded under Section 161 Cr.P.C., in which, he supported the F.I.R. version and the statement of the victim has been recorded under Section 164 Cr.P.C, in which, she has also supported the same. It is further argued that the real fact is that the victim was friendly with the applicant, on the date of alleged incident he was called by the victim to meet her, but when the parents of the victim saw both of them at night, in order to save herself, she made incriminating statement against the applicant and in connection with the same, the present first information report has been lodged for falsely implicating the applicant.
Learned counsel for the applicant has also pressed the issue of period of detention of the applicant i.e. 6th March, 2019 who has undergone more than four months of incarceration. He, therefore, submits that considering the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 no useful purpose would be served in keeping the applicant behind the bars.
The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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 deserve 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.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment. Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 26.7.2019 Priya