Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51690 of 2019 Applicant :- Vikas @ Mandi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajiv Sisodia, learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Vikas @ Mandi with a prayer to release him on bail in Case Crime No. - 586 of 2019, under Section - 363 I.P.C. and Section 7/8 of the POCSO Act, Police Station - Chandpur, District - Bijnor, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction of minor girl, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 24.08.2019, the applicant is in confinement since 27.08.2019;
(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) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that according to the medical examination victim is major and on the other hand in her statement recorded under 164 Cr.P.C., the victim has falsified the prosecution story;
(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.
4. 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 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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.11.2019 Saif