Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57494 of 2019 Applicant :- Sher Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori 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, Sher Mohammad, with a prayer to release him on bail in Case Crime No. 727 of 2019, under Sections 363, 376, 506 IPC and 3/4 POCSO Act, Police Station Etmaddaula, District- Agra, during pendency of trial.
Submission is that it is a case of false implication. Sister of first informant is Bua of victim and is married to elder brother of the applicant. Elder brother of the applicant is Fufa of the victim in relation. The applicant is aged about 21 years and is renowned tailor. The first informant proposed marriage of victim with applicant, which was refused by him. Therefore, applicant has been falsely implicated by the victim in this case. Except the statement of the victim, there is no corroborative evidence to substantiate the allegation of rape levelled against the applicant. Age of the victim, as per report of CMO is 16 years. However, given margin of two years on higher side, she can be considered to be major. The victim has refused to get herself medically examined. 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 23.9.2019. 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 :- 20.12.2019 Ruchi Agrahari