HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 27024 of 2019
Applicant :- Dharmendar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Mishra
Counsel for Opposite Party :- G.A.
Counter affidavit filed today is taken on record.
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, Dharmendar, with a prayer to release him on bail in S.T. No. 237 of 2018, Case Crime No.164 of 2018, under Section 377 IPC and 3/4 POCSO Act, Police Station Kasya, District- Kushinagar, during pendency of trial.
It has been submitted that the statement of the child witness has not been recorded to ascertain the correct facts. Only the statement of informant and his wife have been recorded. The injury found can be caused by other means also. The applicant alleges false implication. He does not have any criminal history to his credit. The applicant is languishing in jail since 19.3.2018. 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 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 :- 20.9.2019