Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57469 of 2019 Applicant :- Thakurdass Ahirwar Opposite Party :- State of U.P.
Counsel for Applicant :- Niraj Tiwari,Rohit Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Rohit Tiwari, learned counsel for the applicant as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Thakurdass Ahirwar with a prayer to release him on bail in Case Crime No. - 622 of 2019, under Sections - 452, 354, 323, 504, 506 I.P.C., Police Station - Mauranipur, District - Jhansi, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of molestation and other offences, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 24.11.2019, the applicant is in confinement since 25.11.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that owing to the fact that the applicant has recommended transfer of the victim from his institution to another, wholly false accusation had been made with mala fide intent. The applicant is the principal of the institution and has a blemishless record. His character has been impugned solely for mala fide reasons. It has been further submitted that in the real incident, in fact, the applicant had been assaulted by the alleged victim and her accomplices, wherein the applicant had received grievous injuries. In that regard, an application under Section 156(3) Cr.P.C. was moved alleging commission of offence under Section 307 IPC is still pending;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Abhilash