Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9425 of 2019 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Irfan,Abhai Saxena Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Rejoinder affidavit, filed by the learned counsel for applicant, is taken on record.
This bail application has been filed by applicant Umesh for bail in Case Crime No. 490 of 2018, under Section 376 D.B., 120-B I.P.C. and 5 M/6 POCSO Act, P.S. Milak, District Rampur.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Applicant is not named in the first information report. The victim, who is aged about more than 16 years, has also not stated anything against the applicant regarding offence of rape. It is further submitted that co-accused Harish, who is named in the F.I.R., has already been enlarged on bail vide order dated 24.7.2019, passed by the coordinate Bench of this Court in Cri. Misc. Bail Application No. 13734 of 2019. The applicant is law abiding person having no criminal history and is languishing in jail since 7.10.2018. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Umesh, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) 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.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 16.12.2019 Vandana