HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 33193 of 2019
Applicant :- Deepak Saxena
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari
Counsel for Opposite Party :- G.A.
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, Deepak Saxena with a prayer to release him on bail in Case Crime No. 543 of 2019, under Sections 498-A, Section323, Section506, Section377 IPC, Police Station Naubasta, District- Kanpur Nagar, 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 further submitted that applicant is husband of the informant and their marriage took place in the year 2006.There is one female child born to the couple. On account of marital dispute present First Information Report has been lodged. The victim herself has refused her medical examination as per paragraph-8 of the affidavit filed in support of the application.It has been further submitted that allegation under Sectionsection 377 I.P.C. alongwith other allegations are absolutely false and in case medical examination of the victim was conducted this fact would have been proved. The applicant is languishing in jail since 20.6.2019, 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 SectionArticle 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 Deepak Saxena 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.8.2019
Atul kr. sri.