Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31159 of 2019 Applicant :- Vinod Ahirwar @ Chhotu @ Sahua Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vinod Ahirwar @ Chhotu @ Sahua with a prayer to release him on bail in Case Crime No. 48 of 2018, under Section 376 IPC, and section 4 of the Protection of Children From sexual Offences Act Police Station Kurara, District- Hamirpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that it is a case of false implication and initially applicant alongwith Sanjay, Rohit and Raja was implicated in this case on the pointing out of the victim.However other three co-accuseds have been exonerated and applicant has only been implicated.Applicant was well known to the victim and she has admitted that applicant is brother of her friend.It has been submitted that no age determination of the victim has been done through radiologist. The age of the victim is said to be fifteen years at the time of incident.As per medical report there does not appears any sign of rape on the body of the victim. In the counter affidavit filed by the learned A.G.A. no medical report regarding age of the victim has been brought on record. The applicant is languishing in jail since 9.3.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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 noted above, 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 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.
Order Date :- 26.11.2019 Atul kr. sri.