Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52280 of 2019 Applicant :- Sukhveer Singh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Bhupendra Singh 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, Sukhveer Singh Yadav, with a prayer to release him on bail in Case Crime No. 0441 of 2019, under Sections 328, 376, 506, 313 IPC, Police Station Vrindavan, District- Mathura, during pendency of trial.
Submission is that present FIR has been lodged by way of counter blast. Earlier one FIR was lodged by the applicant against the mother and brother of the victim on 13.5.2019, which was registered as Crime No. 393 of 2019, under Sections 147, 323, 324, 504, 506 IPC, Police Station Vrindavan, District Mathura and thereafter, applicant has been implicated by the prosecutrix in the present FIR dated 25.5.2019 under Sections, 328, 376, 506, 313 IPC. It has been stated that the first information report relates to the incident more than 10 years old and is absolutely concocted. The age of the victim is 24 years. The medical report of the victim does not supports the prosecution case. The applicant alleges false implication. The applicant has no criminal history to his credit and he is languishing in jail since 01.8.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has 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 :- 28.11.2019 Ruchi Agrahari