Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52610 of 2019 Applicant :- Shyam Baboo Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Sharma,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjeev Kumar Sharma, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shyam Baboo Yadav with a prayer to release him on bail in Case Crime No. - 28 of 2018, under Sections - 363, 366 IPC and 7/8 POCSO Act, Police Station - Churkhi, District - Jalaun, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of abduction of minor girl child to force marriage, punishable with imprisonment of ten years;
(ii) against FIR lodged on 2.7.2018, the applicant is in confinement since 24.12.2018;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted, however, a girl has yet not been recovered;
(vi) on prima facie basis only, it may be noted, according to the applicant, FIR was lodged 17 days after the alleged occurrence, that too against unnamed persons. Thereafter, during investigation, the name of the applicant was introduced that too on pure suspicion. Further, it has been submitted, the applicant has been falsely implicated;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Prakhar