Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26410 of 2018 Applicant :- Arsad Opposite Party :- State Of U.P.
Counsel for Applicant :- Anish Kumar Singh,Desh Ratan Chaudhary,Shailesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Abhai Kumar Srivastava
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is taken on record.
Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant and Sri Abhai Kumar Srivastava, learned counsel for the complainant and Sri V.K. Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C. a copy of which has been annexed as annexure-4 to the affidavit accompanying this bail application wherein the only allegation levelled against the applicant is that the applicant tried to outrage the modesty of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.6.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the applicant as well as learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Arsad involved in Case Crime No.112 of 2018, under Sections 354, 504 & 506 I.P.C. & Section 7/8 of The Protection of Children From Sexual Offence Act, Police Station Dumriyaganj, District Siddharthnagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of one year 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 :- 6.9.2018 Dev/-