HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 356 of 2020
Applicant :- Shani @ Mahendra Gautam
Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Kumar Yadav
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, Shani @ Mahendra Gautam, with a prayer to release him on bail in Case Crime No. 295 of 2019, under Sections 363, Section366, Section342, Section376, Section506 IPC and 3/4 POCSO Act, Police Station Jalalpur, District- Jaunpur, during pendency of trial.
Submission is that applicant was implicated for offence under Sections 363 and Section366 IPC. Age of the victim mentioned in the FIR is 16 years and 6 months. The victim in her statement under Section 164 Cr.P.C. has not made any allegation of rape against the applicant. At the most, allegation amounts to offence under Section 354 IPC apart from the offence under Sections 363 and Section366 IPC. It has been submitted that implication of the applicant for offence of rape is unwarranted. The applicant has been falsely implicated in this case. The applicant has no criminal history to his credit and he is languishing in jail since 24.10.2019. 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 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 :- 6.1.2020