Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52872 of 2019 Applicant :- Vinod Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Manoj Kumar Tiwari, learned counsel for the applicant; as well as Sri Vikash Goswami, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Vinod with a prayer to release him on bail in Case Crime No. -673 of 2014, under Sections -377 & 364-A I.P.C. & Section 3(i)xii, 3(2) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), Act, 1989 and Section 3/4 of POCSO Act, Police Station -Kavi Nagar, District - Ghaziabad, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of abduction to murder and unnatural sex on a minor child, punishable with imprisonment upto life;
(ii) against FIR lodged on 30.05.2014, the applicant is in confinement since 05.06.2014;
(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 however trial has remained pending since 2014;
(vi) at present, by means of the supplementary affidavit, it has been explained that not a single witness of fact or other witness have been examined at the trial, yet the applicant has remained confined for more than five years;
(vii) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant has been completely falsely implicated;
5. Having heard learned counsel for the parties and having perused the record, inasmuch as, the applicant has remained confined for more than five years and the trial has practically yet not commenced, inasmuch as, the order sheet does not disclose recording of testimony of even a single witness, it is difficult to allow to continue the indefinite detention of the present applicant who has already been in jail for more than five and a half years;
6. 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 heavy 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.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
9. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 16.12.2019 S.Chaurasia