Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44902 of 2018 Applicant :- Abhishek Kashyap Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Abhishek Kashyap seeking bail in Case Crime No. 547 of 2018, under Sections 323,354,504,506 IPC and 7/8 POCSO Act and 3(2)5A SC/ST Act P.S. Kotwali, District Mainpuri.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has drawn the attention of the Court towards the statement of the victim recorded under section 161 Cr.P.C. in which she has stated that she was bathing at the tube well and the applicant asked her not to bathe there. However, the victim refused to listen to the applicant and continued bathing. The applicant then pulled her out of the tube well. she further stated that again the applicant tried to caught hold of the victim by her hand with evil intention then the victim raised alarm and her sister Seema came there and tried to rescue her. Sumit and Karan also reached there and assaulted her and her sister. However, in the statement recorded under section 164 Cr.P.C. the victim has given completely different version and stated that the applicant had assaulted her sister and Sumit had assaulted her and Sumit also committed indecent act with her. Learned counsel for the applicant has next submitted that the applicant is in jail since 3.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Abhishek Kashyap be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 R