Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40399 of 2019 Applicant :- Sonu @ Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for applicant files supplementary affidavit and Mrs. Shabana Nizam, Advocate, files vakalatnama on behalf of the informant. The same are taken on record.
This bail application has been filed by applicant- Sonu @ Dharmendra for bail in Case Crime No. 224 of 2019, under Section 363, 376, 368, 506 I.P.C. and 3/4 POCSO Act, P.S.-
Bah, District- Agra.
Heard learned counsel for the applicant, learned AGA for the State, learned counsel for informant and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated; he is maternal uncle of co-accused Ajeet. Learned counsel further submits that no allegation of rape has been made against the applicant. The victim is aged about 17 years. It has been stated by the victim in her statement u/s 164 Cr.P.C. that both victim and co-accused Ajeet went to the house of applicant and stayed there. Applicant is neither criminal nor any gangster. He has been falsely implicated only because he is maternal uncle of co- accused. Applicant is law abiding person having no criminal history and he is languishing in jail since 27.7.2019. If he be released on bail, he will never misuse his liberty and will co- operate in the trial.
Learned A.G.A. and learned counsel for informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of applicant and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Sonu @ Dharmendra, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) 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.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 30.9.2019 Vandana