Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15835 of 2018 Applicant :- Akhilesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey,Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
In compliance of the previous order, affidavit of compliance has been filed by concerned Dr. Mili Singh posted as Medical Officer at Community Health Centre-Rohta, District Meerut stating therein that hymen of the prosecutrix was found in tact. The said affidavit is taken on record.
Sri Shyam Babu Vaish, learned counsel for the applicant and Sri Sri Mayank Kishra (B.H.), learned counsel appearing for the State submitted that no bail application of any co-accused is pending in this Court.
Heard learned counsel for the applicant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Akhilesh, Rinku and Babli alleging that on 16.7.2016 (time unknown) they outraged the modesty of daughter of the complainant, who was 15 years of age.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 18.9.2017 (one year and eleven months) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. Nothing was done with the prosecutrix. No offence under Section 376 I.P.C. is made out against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that hymen of the prosecutrix was found intact.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Akhilesh involved in Case Crime No. 1207 of 2016, under Section 363, 366, 376, 504, 506 IPC and Section 4 of POCSO Act, Police Station-Kotwali Dehat, District- Bulandshahar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.8.2019 OP