Allahabad High Court
Greesh Pal vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30844 of 2019
Applicant :- Greesh Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Dixit,Santosh Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Krishna Gopal, learned counsel filed his vakalatnama on behalf of the informant today, is taken on record.
Heard Sri Kuldeep Kumar Dixit,, learned counsel for the applicant, Sri Krishna Gopal, learned counsel for the informant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Greesh Pal with a prayer to release him on bail in Case Crime No. 149 of 2019, under Sections 452, 354, 506 I.P.C. and Section 7/8 POCSO Act, Police Station- Meerganj, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the allegation made in the F.I.R., on 23.05.2019 at 03:30 a.m., in the morning, the applicant entered into the house of complainant and tried to outrage modesty of her daughter. However, the victim herself has refused to get herself medically examined. It is further argued that the applicant along with other villagers had made a complaint before the Sub-Judicial Magistrate/In-charge Sampurna Samadhan Divas, Tehsil-Meerganj, Disrict-Bareilly regarding illegal possession by the informant and his family members over the field of Junior high school in the village and also copy of the same was forwarded to the State Government, due to which, the persons of the informant's side were annoyed by the aforesaid conduct of the applicant, therefore, the present F.I.R. has been lodged with false and frivolous allegations. As per the medical report, she is aged about 17 years. The applicant is languishing in jail since 06.06.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, 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:-
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 :- 1.8.2019
JK Yadav
