Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22740 of 2019 Applicant :- Vimlesh Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned AGA for the State, Sri Akhilesh Kumar Mishra and Sri B.N. Pandey, learned counsels for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vimlesh Tiwari with a prayer to release him on bail in Case Crime No. 196 of 2019, under Sections 354-A, 504, 506, 500, 120-B IPC and 7/8 POCSO Act, Police Station Kotwali, District- Basti during pendency of trial.
It is argued by the learned counsel for the applicant that applicant and victim were earlier friends and later their relationship has gone bad and it has resulted into implication of the applicant in the alleged crime. From the statement of victim under Section 164 Cr.P.C., it appears that there was some relationship between the applicant and victim. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has criminal history of three cases, which has been explained in paragraph No.23 of the affidavit in support of the bail application. The applicant is languishing in jail since 12.4.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. and Sri Akhilesh Kumar Mishra and Sri B.N. Pandey, learned counsels for the informant has opposed the prayer for bail of the applicant on the ground that applicant is brother of BJP leader. On account of his influence, he has indulged in the alleged offence of trying to drag out her from her house forcibly. 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, larger mandate of the Article 21 of the Constitution of India 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 Vimlesh Tiwari 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 :- 30.5.2019 Ruchi Agrahari