Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30250 of 2019 Applicant :- Vikki Alias Vikas Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Vikki Alias Vikas with a prayer to release him on bail in Case Crime No. 137 of 2018, under Sections 363, 366 I.P.C. and Section 16 of Protection of Children from Sexual Offences Act, Police Station- Chandpa, District- Hathras, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. and has falsely been implicated in the present case regarding the alleged incident dated 03.06.2018, the present F.I.R has been lodged on 06.06.2018, without giving any plausible reason for the delay which makes the prosecution story doubtful. It has been alleged that the prosecutrix went along with the co-accused-Ravendra out of her own sweet will and she has not stated any thing negative against the applicant. There is no independent witness against the applicant. Learned counsel for the applicant has next submitted that the co-accused- Ravendra, who has already been granted bail by the another Bench of this Court vide order dated 22.05.2019 in Criminal Misc. Bail Application No. 47359 of 2018. The applicant is languishing in jail since 26.06.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 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 :- 30.7.2019 Priya