Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34280 of 2019 Applicant :- Tarun Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Dinesh Kumar Gupta
Hon'ble Siddharth,J.
Counter affidavits filed by learned A.G.A. and learned counsel for the informant are taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Shri Dinesh Kumar Gupta, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Tarun with a prayer to release him on bail in Case Crime No. 263 of 2019, under Sections 354A, 363, 506 IPC, and 7/8 of Protection of Children From Sexual Offence Act, 2012 Police Station Inchauli, District- Meerut, 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 further submitted that from the First Information Report it is clear that it was lodged on the information given by Samir to Naimuddin, who is relative of minor victims. The statement of Samir has been recorded by the police wherein he has stated that Akshaya and Vikas drooped the minor victims by their motorcycle near the 'Theka' at Maithna. Applicant is not named in the First Information Report. However name of the applicant has been taken by the child victims in their statements under section 164 Cr.P.c. which was recorded after three weeks of the incident. It has been further submitted that since statements of the child witnesses were recorded after three weeks of the incident there is every chance of tutoring them.The applicant is languishing in jail since 5.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant submitted that there is clear allegation against the applicant in the statement of the victims. The victims are minor and made serious allegations against the applicant, therefore, he does not deserves to be enlarged on bail.
Learned A.G.A. has also 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 Tarun 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 :- 26.9.2019 Atul kr. sri.