Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50334 of 2019 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Aon Counsel for Opposite Party :- G.A.,Vidya Shanker Pandey
Hon'ble Siddharth,J.
List has been revised. No one appears on behalf of the informant.
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, Vipin with a prayer to release him on bail in Case Crime No. 49 of 2018, under Sections 354, 323, 506, 376-D IPC, and section 3/4 of Protection of Children From Sexual Offence Act, 2012 Police Station Asmauli, District- Sambhal, 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.The submission is that although victim is minor but in the medical report there is no mark of injury found on the body of the victim. Doctor has found that her hymen is intact and except the statement before the trial court no materiel is on record which shows that offence was committed by the applicant.Earlier he was granted bail under sections 354, 323, 506 I.P.C. and section 7/8 of POCSO Act and on the basis of statement of the victim before the trial court applicant has been implicated under 376 (D) I.P.C. and section 3/4 of POCSO Act. The submission is that after enlargement of the applicant on bail he went to Punjab for earning livelihood and could not appear before the trial court, hence his bail has been cancelled under all the sections.Now he has made prayer for enlargement of bail in all the sections. The applicant is languishing in jail since 13.8.2019, 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 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 (of twice the amount earlier taken) 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 :- 17.12.2019 Atul kr. sri.