Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23146 of 2019 Applicant :- Anees Opposite Party :- State Of U.P.
Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Salman Ahmad, learned counsel for the applicant, Sri Shoiab Khan, learned A.G.A for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Anees with a prayer to enlarge him on bail in Case Crime No.531 of 2018, under Sections 363, 366, 376(2)(N), 342 IPC read with Section 3/4 of POCSO Act, Police Station Deoraniya, District Bareilly.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that initially the FIR was lodged under Sections 363, 366 I.P.C. and subsequently, Section 376 I.P.C. was added. In her statement under Section 164 Cr.P.C. the prosecutrix has stated that applicant along with few persons entered into the house and sexually assaulted her while she was sleeping near her mother. It has been argued that the story appears to be improbable as it is not possible that when the entire family was sleeping near the prosecutrix, applicant alongwith two others could have committed the offence. As per medical report, the age of the prosecutrix is 18 years. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 01.11.2018. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 3.6.2019 Anand Sri./-