Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53939 of 2021 Applicant :- Vishnu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashok Kumar Tripathi, learned counsel for the applicant; Sri Vikas Goswami learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Vishnu with a prayer to release him on bail in Case Crime No. - 1483 of 2020, under Sections - 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station - Vijay Nagar, District - Ghaziabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 20.11.2020, the applicant is in confinement since 23.1.2021.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the age of the victim girl is disputed; it is claimed that she had attained the age of majority on the date of occurrence; in any case she has falsified the prosecution allegation in her statement recorded under Section 164 Cr.P.C..
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. 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 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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 Faraz