HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38509 of 2019
Applicant :- Mithun
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Singh
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, Mithun, with a prayer to release him on bail in Case Crime No.99 of 2019, under Sections 377 IPC and 3/4 POCSO, Police Station Nagar, District- Basti, during pendency of trial.
Submission is that applicant that the applicant has been falsely implicated in the present case with some ulterior motive. The medical report does not supports the prosecution case. The minor victim has stated that at the time of incident, two children, namely, Pujari and Shivam, were there with him and the applicant chased them away and thereafter committed the alleged offence. It has been submitted that police has not recorded the statement of other two children to ascertain whether they were there or not. The age of the victim, as per the certificate of the Principal of the school, is about 11 years. However, in the FIR it has been mentioned that age of the victim is 8 years. It has been submitted that there is prior dispute between the families of the applicant and injured. The applicant has not criminal history to his credit. The applicant is languishing in jail since 04.7.2019. 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 :- 24.9.2019