Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52082 of 2019 Applicant :- Sunil Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Ramesh Chandra Agrahari, 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, Sunil Nishad, with a prayer to release him on bail in Case Crime No. 69 of 2019, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Shyamdeurawa, District- Maharajganj, during pendency of trial.
Submission is that in her statement under Section 164 Cr.P.C., victim has claimed her age as 18 years. She has admitted marrying with the applicant in temple and her affair with him for last four years. She has also stated that her parents are not happy with relationship of the victim with the applicant. Therefore, applicant has been implicated in this case. The applicant has no criminal history to his credit and he is languishing in jail since 13.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has stated that father of the victim has accepted the relationship of the victim with the applicant and correct date of birth of the victim is January, 2000. On the date of incident, the victim was major and has rightly entered into marriage with the applicant. He has no objection, if the applicant is enlarged on bail.
Counter affidavit has been filed by learned counsel for the informant in this regard, which is taken on record.
Learned AGA has opposed the prayer for bail, but could not dispute the above submissions.
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 :- 26.11.2019 Ruchi Agrahari