Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32139 of 2018 Applicant :- Aakho Puro Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Sahai,Gaurav Sharan Srivastava,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
According to prosecution version by the first information report lodged by informant namely Sachiendranath Dwivedi is that co- accused namely Vijay Bahadur and Ashwani Kumar through a hidden camera were recording the incident video footage of the girls visiting the girls toilet.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and she has been falsely implicated in the present case. It is further submitted that the applicant is the Principal of Everest English School situated at Hanuman Gadhi Padri Road in Mahrajganj in which the alleged offence took place. It is also submitted that there is no allegation against the applicant except that there might be negligence on part of the applicant. It is also submitted that the aforementioned co-accused persons namely Vijay Bahadur and Ashwani Kumar have already been suspended by the college management. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 05.07.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Aakho Puro involved in Case Crime No. 446 of 2018, under Section 66/67 Kha I.T. Act and section 354 Ga I.P.C. and section 4/6 the Indecent Representation of Women Prevention Act, Provision and Act and under section 13/14 and 17/18 Protection of Children From Sexual Offences Act 2012 and section 7 Criminal Law Amendment Act, Police Station Kotwali, District Maharajganj be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 Arti