Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31112 of 2018 Applicant :- Aniket Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Ashok Kumar Rai
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of applicant, is taken on record.
Heard Sri Ajay Kumar, learned counsel for the applicant, Sri Ashok Kumar Rai, learned counsel on behalf of opposite party and Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant never misbehaved or committed any wrong act with the victim, he has falsely been roped in the present case due to village party bandi. The main role of committing the alleged offence has been assigned to another co-accused namely Prem Singh. It is also submitted that the applicant was not named in the first information report nor charge sheet has been submitted against the applicant. The said fact has been mentioned in para 14 to the rejoinder affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 09.08.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned counsel for opposite party as well as learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Aniket Kumar be released on bail in Case Crime No. 0445 of 2018, under Sections 323, 504, 506, 341, 354 IPC & Section 7/8 of Protection of Children from Sexual Offences Act 2012, Police Station- Tajganj, District- Agra on furnishing a personal bond and two sureties (Rs. One Lakh each) (One should be of a family member), subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 24.9.2018 Arti