Nishu vs State Of U.P. And Another
2019 Latest Caselaw 6303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30857 of 2019
 

 
Applicant :- Nishu
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Amit Rana
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Amit Rana, learned counsel for the applicant, 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, Nishu with a prayer to release him on bail in Case Crime No. 468 of 2019, under Sections 354, 354(D) I.P.C. and 16/17 POCSO Act, Police Station- Vijay Nagar, District- Ghaziabad, 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. It is further argued that the only allegation in the F.I.R. is that the applicant had been teasing the victim, when she was going to school. It has further been argued by learned counsel for the applicant at bar that the victim as well as the applicant are studying in the same school and they are friendly with each other. Learned counsel for the applicant has also drawn the attention of the Court to the photographs of the applicant along with the victim, which is annexed as Annexure no.6 to the affidavit accompanying the bail application, to show that the friendly relations between them. Since the applicant used to help the victim in going to school together, which was not liked by the parents of the victim, therefore, the present F.I.R. has been lodged with false and frivolous allegations as both of them belongs to different community. The applicant is languishing in jail since 16.05.2019. 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. has 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