Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40071 of 2019 Applicant :- Shubham Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Jeet Upadhyay,Asheesh Kumar Tiwari 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 Shubham with a prayer to release him on bail in Case Crime No. 244 of 2019, under Sections 147, 363 IPC, and section 7/8 of POCSO Act Police Station Khurja City , District- Bulandshahar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that victim eloped with Ravi Kumar and has married him.The registered marriage certificate dated 3.8.2019 has been brought on record annexed as annexure-3 to the affidavit filed in support of the application.Co-accused Smt. Usha has already been granted bail by this court vide order dated 25.9.2019 passed in Criminal Misc. Bail Application No. 39457 of 2019. The applicant is languishing in jail since 1.8.2019 who is not a previous convict. 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 Shubham 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 :- 26.9.2019 Atul kr. sri.