Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56481 of 2019 Applicant :- Shyamu Opposite Party :- State of U.P.
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Kumar Singh, Advocate holding brief of B.N. Singh, learned counsel for the applicant as well as Sri Abhishekh Singh, 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 - Shyamu with a prayer to release him on bail in Case Crime No. - 81 of 2019, under Sections - 363 and 366 I.P.C. and Section 7/8 of POCSO Act, Police Station - Rendhar, District - Jalaun, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction with intent to force marriage, punishable with imprisonment upto 10 years;
(ii) against FIR lodged on 01.08.2019, the applicant is in confinement since 11.09.2019 ;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, for purpose of grant of bail, it has been submitted, in the first place, according to the medical opinion, the age of the victim is more than 18 years. Then, it has been submitted, in her statement recorded under Section 164 Cr.P.C., she has materially diluted the prosecution story;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
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 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 :- 18.12.2019 Saif