Allahabad High Court
BAIL/57500/2019 of SHIV MUNI Vs State of U.P. AND ANOTHER on 20 December 2019
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57500 of 2019 Applicant :- Shiv Muni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant as well as the learned AGA
Arguments
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57500 of 2019
Applicant :- Shiv MuniOpposite Party :- State of U.P. and AnotherCounsel for Applicant :- Puneet Kumar VermaCounsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as thelearned AGA for the State and perused the materialplaced on record.
The instant bail application has been filed on behalf of theapplicant, Shiv Muni, with a prayer to release him on bailin Case Crime No.124 of 2019, under Sections 354,376 (1), 452, 506 IPC and 3/4 POCSO Act, PoliceStation Birno, District- Ghazipur, during pendency oftrial.
Submission is that it is a case of false implication. Age ofthe victim, as per medical report, is 18 years. FIR wasinitially lodged by father of the victim under Sections 354and 7/8 POCSO Act. However, in her statement underSection 164 Cr.P.C., victim alleged that applicantcommitted rape against her on 19.10.2018. The FIR hasbeen lodged regarding incident dated 09.10.2019. It hasbeen submitted that victim has falsely implicated theapplicant in this case through her statement underSection 164 Cr.P.C. The applicant has no criminal historyto his credit and he is languishing in jail since 13.10.2019.In case, the applicant is released on bail, he will notmisuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bailof the applicant by contending that the innocence of theapplicant cannot be adjudged at pre trial stage, therefore,he does not deserves any indulgence. In case theapplicant is released on bail he will again indulge insimilar activities and will misuse the liberty of bail.
Having considered the submissions of the parties notedabove, larger mandate of the Article 21 of the Constitutionof India and without expressing any opinion on the meritsof the case, let the applicant involved in the aforesaidcrime be released on bail on his furnishing a personal bond and two sureties each in the like amount to thesatisfaction of the court concerned with the followingconditions that :-
1. The applicant shall not tamper with the prosecutionevidence by intimidating/ pressurizing the witnesses,during the investigation or trial.
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2. The applicant shall cooperate in the trial sincerelywithout seeking any adjournment.
3. The applicant shall not indulge in any criminal activityor commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shallbe a ground for cancellation of bail.
Identity, status and residence proof of the applicant andsureties be verified by the court concerned before thebonds are accepted.
Order Date :- 20.12.2019Ruchi Agrahari
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