Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51857 of 2019 Applicant :- Sheru Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abou Sofian Usmani Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there is prior enmity between the parties. On 18.8.2019 the proceedings under Sections 107, 116 and 151 Cr.P.C. and was initiated by the police against the applicant and 7 other family members of the applicant on account of some dispute with the family of the prosecutrix. It has been submitted that on account of the aforesaid enmity the applicant has been falsely implicated in this case also. There is dispute regarding land between the parties which has led to false implication of applicant and 7 other accuseds. Initially there was no allegation of rape levelled in the F.I.R. However in the statement of the victim under Section 164 Cr.P.C. she has levelled allegation of rape against the applicant. The age of the victim has been found to be 17-18 years in the medical report. Given margin of two years on the higher side she can be considered to be major. The applicant is in jail since 06.09.2019 and has criminal history of one case explained in paragraph 23 of the affidavit in support of the bail application.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sheru, be released on bail in Case Crime No. 361 of 2019, under Sections- 452, 354B, 376D, 506 IPC and Section 3/4 of POCSO Act, Police Station- Manjhanpur, District- Kaushambi, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 26.11.2019 Rohit