Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34307 of 2019 Applicant :- Sonu @ Kalua Opposite Party :- State Of U.P. Counsel for Applicant :- Vishnu Kumar Counsel for Opposite Party :- G.A.
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, Sonu @ Kalua with a prayer to release him on bail in Case Crime No. 421 of 2018, under Section 5 Ka of SC/S.T. Act , Police Station Thakurdwara, District- Moradabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been enlarged on bail by this court vide order dated 10.7.2019 passed in Criminal Misc. Bail Application No. 25076 of 2019 under sections 341, 323, 354-B, 506 I.P.C., Section 7/8 of POCSO Act and section 3(2) (V) of S.C./S.T. Act. Now charge sheet has been submitted under section 3 (v-a) of S.C. and S.T. Act .From perusal of the First information Report it does not appears that offence was committed knowing that victim is member of Scheduled Caste and Scheduled Tribes,therefore alleged offence has not been made out against the applicant. The applicant is languishing in jail since 1.4.2019.
Per contra learned A.G.A. has opposed the prayer for bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Shibbu 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 :- 22.8.2019 SS