Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11477 of 2018 Applicant :- Aman @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against the applicant Aman (tempo driver) alleging that on 20.11.2017 he assaulted the daughter (13 years) of complainant Kishan Gangwar with intent to outrage her modesty.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and fabricated. Applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix has stated that she was in suspicion, the applicant has taken her with wrong intention. There is no allegation of sexual harassment against the applicant. There is no independent witness. He is languishing in jail since 20.11.2017 (more than four months) having no criminal history and 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.
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 Aman @ Chhotu involved in the Case Crime No. 631 of 2017, under Sections 363, 354 IPC and Section 8 POCSO Act, P.S. C.B. Ganj, District Bareilly be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 29.3.2018//A. Singh