Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35139 of 2019 Applicant :- Ashish Jaiswal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ashish Jaiswal, with a prayer to release him on bail in Case Crime No. 175/2019, under Sections 354-Ka IPC and 7/8 POCSO Act, Police Station Siddharth Nagar, District- Siddharth Nagar during pendency of trial.
Learned counsel for the applicant has submitted that the prosecutrix has alleged that she was employed in the showroom of Royal Enfiled motorcycle. Learned counsel for the applicant further submitted that the applicant is stated to be the Manager of the aforesaid showroom and false allegations have been made against him of outraging her modesty. The victim has falsely implicated the applicant because he was the Manager and he used ask her to complete the work on time and when the applicant pressurized her to complete the work she lodged the FIR regarding the alleged offence.
As per the instructions received by learned AGA age of the victim is 17 years 11 months and 15 days on the date of the incidnet. It is almost 18 years and given the margin of years on the higher side, she can be considered to be major. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 29.06.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.9.2019 S.K.