HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50391 of 2019
Applicant :- Ram Babu
Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Chandra Upadhyay
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Ramesh Chandra Upadhyay, learned counsel for the applicant as well as 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 Ram Babu with a prayer to release him on bail in Case Crime No.163 of 2019, under Sections 354 IPC and 7/8 POCSO Act, P.S. Barahan, District Agra, during pendency of trial.
3. Learned counsel for the applicant submits that arising out of family disputes, the present prosecution has been lodged. The applicant is related to the victim through her step mother. It has then been submitted that there is doubt as to the correct age of the victim. According to the school certificate, her date of birth is of April 2001. Accordingly, she would be major on the date of the alleged incident. As to the present allegation, the same is stated to be wholly vague and general. The applicant has no criminal history and he is languishing in jail since 29.8.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
4. 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 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.
5. 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. Anr. reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I find merit in the submission advanced by learned counsel for the applicant in the context of protection of liberty being sought. 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 :-
(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 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.11.2019