Allahabad High Court
Bijendra vs State Of U.P. on 4 December, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53703 of 2019 Applicant :- Bijendra Opposite Party :- State of U.P. Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Desh Ratan Chaudhary, learned counsel for the applicant as well as Sri Vikas Goswami, 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 - Bijendra with a prayer to release him on bail in Case Crime No. - 1110 of 2016, under Sections - 364, 354-A, 354-B IPC & Section 9/10 POCSO Act, Police Station - Sihani Gate, District - Ghaziabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of molestation and abduction of minor girl in order to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 18.8.2016, the applicant is in confinement since 18.8.2016 i.e. more than three years;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is pending yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it has been submitted by learned counsel for the applicant, though certain allegations have been made in the FIR, no clear cut evidence is available to establish commission of offence as alleged. In any case, at the trial, first informant as also the child have turned hostile, inasmuch as, they have not been able to prove the occurrence or the injuries. In such circumstances, no justification exists to curtail the applicant's liberty pending trial;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and twosureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(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 investigation/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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is also expected that the trial court shall make best efforts to conclude the trial, as expeditiously as possible, preferably within a period of six months from today.
Order Date :- 4.12.2019 Prakhar