Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55354 of 2019 Applicant :- Suresh Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri S.B. Singh holding brief of Sri Madan Singh, 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, Suresh, with a prayer to release him on bail in Case Crime No. 319 of 2019, under Section 376 IPC, Police Station Sajeti, District- Kanpur Nagar, during pendency of trial.
Submission is that victim is deaf dumb and is aged about 33 years. The incident is alleged to have taken place at her matrimonial home, village Harbanpur, Police Station Sajeti, District Kanpur Nagar. The FIR was not lodged by her husband or any member of matrimonial home regarding the incident. After four days, father of the victim has lodged the FIR at Police Station Sajeti, Kanpur Nagar. There is dispute between father of the victim and the applicant regarding land, which has been purchased by the applicant vide registered sale deed dated 05.4.2019, which father of the victim also wanted to purchase. The statement of the victim has been recorded without compliance of Section 164 (5-A) Cr.P.C, which provides that where a person making statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement. In this case interpreter or special educator has been employed for recording the statement of the victim, no videography of the statement has been done. It has been submitted that medical report does not supports the allegation made in the FIR. Doctor has not found any evidence of recent sexual violence of the victim. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 06.10.2019. 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 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 :- 16.12.2019 Ruchi Agrahari