Allahabad High Court
Suraj Viswakarma vs State Of U.P. on 9 April, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14454 of 2019
Applicant :- Suraj Viswakarma
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashish Kumar, learned counsel for the applicant, Sri Shoiab Khan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ? Suraj Viswakarma with a prayer to enlarge him on bail in Case Crime No.09 of 2019, under Sections 323, 504, 506, 354 I.P.C., Section 7/8 of POCSO Act and 3(1) Dha of SC/ST Act, Police Station Shyamdeurwa, District Maharajganj.
It is argued by learned counsel for the applicant that as per version of FIR while the victim, who is a student of Class-IX, was going to School on 11.01.2019 the applicant along with co-accused Kaleem molested her and abused her with the name of her caste. In her statement under Section 164 Cr.P.C. the victim has stated that while she was going to school, the applicant molested her and abused her with the name of her caste and threatened herif she does not have love and affection with him he would kill her. She has also stated that co-accused Kaleem was laughing while sitting on motorcycle and the applicant was teasing her. The story has been build up in order to falsely implicate the applicant. The applicant is languishing in jail since 19.01.2019. It is argued that considering the larger mandate of Article 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 no useful purpose would be served in keeping the applicant behind the bars. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 9.4.2019
Anand Sri./-
