Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39776 of 2018 Applicant :- Anshul Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Harish Chandra Mishra, learned counsel for the applicant, 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 a manual labour and has not committed any offence as stated by prosecution but he has falsely been roped in the present case due to previous enmity and ill will of the first informant. It is also submitted that there is no any independent witness has been mentioned in the first information report indicating the applicant has committed the alleged offence, the prosecution story absolutely false, baseless and concocted. The applicant is innocent and has been falsely roped due to quarrel arisen between applicant and informant regarding labour work in the house of the informant, therefore being annoyed informant has badly beaten to the applicant on 11.08.2018 and when the father of the applicant has made complaint to police then a false and fabricated first information report has been lodged by the informant on 14.08.2018 for saving himself. A copy of the medical examination report of the applicant has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. As per medical examination report injuries found on the body of the victim were simple in nature. A copy of the medicolegal examination report of the victim has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. 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 17.08.2018 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 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 Anshul Patel be released on bail in Case Crime No. 289 of 2018, under Sections 354B IPC & Section 9/10 of Protection of Children from Sexual Offences Act, Police Station- Mauranipur, District- Jhansi on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, 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 :- 12.10.2018 Arti