Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34747 of 2019 Applicant :- Shyamji Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A.,Chandra Narayan Mishra
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, Shyamji Singh, with a prayer to release him on bail in Case Crime No.129 of 2019, under Sections 354- A, 323, 506 IPC and Section 8 of POCSO Act and Section 3(1)(Dha) SC/ST ACt, Police Station Roora, District- Kanpur Dehat, during pendency of trial.
Submission is that applicant has been falsely implicated in this case on account of dispute regarding cultivation of the land at Batai by the father of the applicant. The land belongs to the father of applicant. The victim is alleged to be the daughter of the labour, who used to work at Batai. It is further submitted that FIR is delayed by four days and it is a case of false implication. The applicant has no criminal history to his credit and he is languishing in jail since 08.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Sri Chandra Narayan Mishra, learned counsel for the informant has vehemently opposed the prayer for bail of the applicant stating that there was no dispute regarding Batai of land between the parties. Such ground has been falsely taken in the bail application. The applicant would have proceeded further with the victim, had she not raised any alarm and her brother, Rinku, has not come on the spot. It has further been submitted that the delay in the FIR has occurred on account of the reluctance of the police to lodge the same. 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.
Learned AGA has also supported the arguments advanced by learned counsel for the informant.
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 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 Ruchi Agrahari