HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 6004 of 2019
Applicant :- Ajit Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- R.K. Shahi
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Manju Rani Chauhan,J.
Heard Sri R.K. Shahi, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ajit Kumar with a prayer to release him on bail in Case Crime No. 367 of 2018, under Sections 354 I.P.C. and U/s 7/8 POCSO Act, Police Station- Gauri Bazar, District- Deoria, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been assigned the role of teasing the victim who has been said to be 15-16 years old girl. The victim has been recovered safely, after which her custody was given to her parents. The statement of the victim has been recorded under Section 161 Cr.P.C. in which she has stated that on 12.11.2018, at about 07:30 p.m., the victim went to the field for defecation, in the same field the accused applicant came and taken away the victim at the roof of his house and told her that he would marry with her. It is next submitted that she has denied to give her statement under Section 164 Cr.P.C. and she has not stated anything serious against the applicant. He has also pressed the period of detention i.e. 17.11.2018. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 6.8.2019