Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40908 of 2019 Applicant :- Shaktimaan Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar 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, Shaktimaan Sharma, with a prayer to release him on bail in Case Crime No. 483/2019, under Sections 363, 342, 354, 506 IPCd and Section 7/8 of Protection of Children From Sexual Offences Act, 2012, Police Station Kotwali, District- Maharajganj during pendency of trial.
Submission of learned counsel for the applicant is that the age of the victim as per the medical report is 17 years. She has admitted enmity with the applicant in her statement under Section 161 Cr.P.C. Given margin of two years on the higher side, she can be considered to be major. On account of dispute and litigation of two months prior to the incident, she has implicated the applicant in this case. It is argued by the learned counsel for the applicant that 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 12.07.2019. 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 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 :- 30.9.2019 S.K.