Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27021 of 2019 Applicant :- Usman Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Rajendra Kumar Singh,Vishal Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is 19 years. It has been submitted that victim is major. She willingly went with the applicant and other co- accused. However, she has implicated the applicant thereafter. Learned counsel for the applicant further submitted that on account of false implication of the applicant parties have entered into compromise outside the court and there are chance of settlement.The applicant is in jail since 02.04.2019 and has no criminal history to his credit.
Sri R. K. Singh, learned counsel for the informant, has put in appearance on behalf of the informant and has stated that the dispute between the parties have been settled and he has no objection if the applicant is enlarged on bail.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Usman, involved in Session Trial No. 309 of 2019, arising out of Case Crime No.91 of 2019, under Sections 363, 366, 376-D IPC and 5/6 of POCSO Act, Police Station Bhojpur, District- Moradabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 18.12.2019 SS