HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57934 of 2019
Applicant :- Mater @ Rammohan Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vipin Chandra Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Vipin Chandra Pandey, learned counsel for the applicant as well as Sri Abhishek Singh, 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 – Mater @ Rammohan Yadav with a prayer to release him on bail in Case Crime No. – 844 of 2019, under Sections – 452, 354, 323, 504, 506 SectionIPC and Section 7/8 POCSO Act, Police Station – Etmaddaula, District – Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of molestation and other offences, punishable with imprisonment of five years;
(ii) against FIR lodged on 28.10.2019, the applicant is in confinement since 16.11.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the criminal history has been explained;
(v) though investigation appears to be pending, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that petty dispute has taken place between the parties owing to minor road accident which has been blown out of proportion. Also, it has been submitted, the ingredient of offence alleged under Section 354 IPC is incomplete;
(vii) 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 or intimidate the witness.
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 investigation/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 :- 3.1.2020
Prakhar
