Allahabad High Court
Gaurav Maurya vs State Of U.P. on 31 October, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45482 of 2019 Applicant :- Gaurav Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri Ramesh Chandra Yadav, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Gaurav Maurya with a prayer to release him on bail in Case Crime No. 84 of 2019, under Sections 363, 366, 506, 328 IPC, and section 7/8 of POCSO Act Police Station Ataraulia, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that allegations alleged against the applicant are not made out from the statement of the victim under section 164 Cr.P.C.The only allegation made by her against the applicant is that he took her earings while she was traveling in tempo.It has been submitted that allegations regarding alleged incident have been made against co-accused, Gaurav Singh.The age of the victim as per her school leaving certificate is sixteen years three months and from the medical report her age appears to be eighteen years, given margin of two years on higher side she can be presumed to be major. The applicant is languishing in jail since 12.9.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer for bail alongwith learned A.G.A. and submitted that victim is minor and her date of birth is 11.2.2003 as per her school leaving certificate.The photocopy whereof has been passed by learned counsel for the informant.
Having considered the submissions of the parties noted above, larger mandate of the 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 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 :- 31.10.2019 Atul kr. sri.