Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30492 of 2019 Applicant :- Surendra Srivas @ Sujaan Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashwini Kumar Ojha, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Surendra Srivas @ Sujaan with a prayer to release him on bail in Case Crime No. 197 of 2019, under Sections 354Ka, 504, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station- Prem Nagar, District- Jhansi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to earlier enmity. The applicant resides in the vicinity of the victim and due to dispute with her mother, the present F.I.R. has been lodged against him. The only allegation against the applicant in the statement of the victim which has been recorded under Section 161 and 164 Cr.P.C. is that the applicant caught hold of the hand of the victim. The applicant is languishing in jail since 08.05.2019 The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 30.7.2019 Priya