Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52662 of 2019 Applicant :- Tarun @ Tanna Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra 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, Tarun @Tanna with a prayer to release him on bail in Case Crime No.
553 of 2018, under Sections 452, 376, 506 IPC,Section 3/4 POCSO Act and Section 3(2) (v) of S.C./S.T. Act Police Station Gandhi Park, District- Aligarh, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that initially the First Information Report was lodged under sections 452, 354, 506 I.P.C.section 7/8 POCSO Act and section 3(2) (Va) of S.C. and S.T. Act. However victim has made allegation of rape against the applicant in her statements under section 161 and 164 Cr.P.C. As per medical report the age of the victim is fifteen years.The age of the applicant is also stated to be fifteen years six months.In the medical report doctor has not found sign of rape on the person of victim. The applicant is languishing in jail since 6.11.2018, who is not a previous convict. 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.
Order Date :- 29.11.2019 Atul kr. sri.