Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33980 of 2019 Applicant :- Shabbir Ansari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemant Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Shabbir Ansari with a prayer to release him on bail in Case Crime No. 0515 of 2019, under Sections 354-A, 452, 323, 504, 506 IPC and 7/8 POCSO Act, Police Station Kotwali, District- Deoria, during pendency of trial.
It is argued by the learned counsel for the applicant that prior to lodging the present FIR, the dispute took place between the family of the applicant and informant and police was called by dialing number 100. Thereafter, the applicant was challaned under Sections 151, 107, 116 Cr.P.C. before the Sub Divisional Magistrate and was released on bail on furnishing bond. Thereafter, the other side got the FIR registered against the applicant. It has been submitted that the proceedings are by way of malicious prosecution. The applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 17.7.2019. 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 Shabbir Ansari 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 :- 21.8.2019 Ruchi Agrahari