Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19953 of 2018 Applicant :- Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pankaj Sharma, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged by the complainant against the applicant and one another co-accused alleging that they used to tease the niece of the complainant and also tried to outrage her modesty while she was going to her school.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the present case has been lodged as a counter blast.There is no independent witness to support the prosecution version. It is further contended that a rumour was spread over about the love affair of the victim with the brother of the applicant due to which the complainant beaten up the applicant and his family members. Consequently. the applicant moved an application under section 156(3) Cr. P.C. against the complainant and his family members for committing such offence and the Magistrate had directed the police for registering and investigating the case, therefore, they were mounting pressure upon the applicant to withdraw the case. Since it was opposed by the applicant the present FIR has been lodged against the applicant. The victim has not been medically examined. Identically situated Co-accused Bittu has been released on bail by Coordinate Bench of this Court on 28.3.2018, copy of which is annexed annexure-6 to the bail application, hence the applicant is also entitled to be released on bail on the ground of parity.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 he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.5.2018. 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 Akash involved in Case Crime No.04 of 2018, under Sections 354-A, 506 I.P.C., & Sec.7/8 POCSO Act, Police Station Mahavan, District Mathura be released on bail on his 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. He will not tamper with the witnesses.
3. He 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 trial court will be at liberty to cancel the ba Order Date :- 28.5.2018 IA