Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56251 of 2019 Applicant :- Uvaish Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Jitendra Singh, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Uvaish, with a prayer to release him on bail in Case Crime No. 63 of 2019, under Section 376 IPC and 5/6 POCSO Act, Police Station Mirzapur, District- Saharanpur, during pendency of trial.
Submission is that victim has been examined as PW-1 before the trial court and in her cross-examination, she has stated that applicant did not committed any rape against her. The applicant alleges false implication. The applicant has no criminal history to his credit and he is languishing in jail since 20.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant does not dispute the aforesaid contention.
Learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the aforesaid contentions.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 Ruchi Agrahari