Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46240 of 2019 Applicant :- Sintu Yadav @ Vinod Opposite Party :- State of U.P.
Counsel for Applicant :- Adarsh Bhushan Counsel for Opposite Party :- G.A.,Ram Yash Chauhan
Hon'ble Siddharth,J.
Counter affidavit has been filed by learned AGA, which is taken on record.
Heard learned counsel for the applicant, Ms. Sarita Yadav holding brief of Sri Ram Yash Chauhan, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sintu Yadav @ Vinod, with a prayer to release him on bail in Special Case No. 126 of 2019, arising out of Case Crime No. 123 of 2019, under Sections 376, 506 IPC and 3/4 POCSO Act, Police Station Mehnagar, District- Azamgarh, during pendency of trial.
Submission is that it is a case of false implication. The age of the victim, as per medical report, is 18 years. The medical report does not supports the prosecution case. It has been submitted that on account of election rivalry between the father of the applicant and the father of the victim, applicant has been falsely implicated in this case. The applicant has no criminal history to his credit and he is languishing in jail since 01.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have 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 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 :- 27.11.2019 Ruchi Agrahari