Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56776 of 2019 Applicant :- Shambhu Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava 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, Shambhu Chaudhary, with a prayer to release him on bail in Case Crime No.106 of 2019, under Sections 376(3), 452, 506 IPC and 3/4 POCSO Act, Police Station Golhaura, District- Siddharth Nagar, during pendency of trial.
Submission is that it is a case of false implication. The victim is aged about 18 years. The victim alleged that applicant entered into her house and committed rape on her. However, from the statement of the victim under Section 164 Cr.P.C., it appears that victim had consenting relationship with the applicant, since she has admitted staying with him for one hour. When her brother came and knocked the door, it was not opened. Thereafter, door was broken by him and the victim was recovered, but applicant was not caught on the spot. No alleged knife was recovered by the police. Informant has also filed a criminal complaint regarding the same incident. The applicant has been falsely implicated in the present case with ulterior motives. The applicant has no criminal history to his credit and he is languishing in jail since 02.9.2019. 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 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 :- 19.12.2019 Ruchi Agrahari