Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37506 of 2015 Applicant :- Ashish Opposite Party :- State Of U.P Counsel for Applicant :- Paritosh Sukla,Babita Upadhyay,Bindeshwari Prasad Mishra,Dwijendra Prasad,Ravindra Singh,Sanjay Kumar Dwivedi,Sanjeev Kumar Gaur,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Devesh Kumar Shukla for the applicant and A.G.A. for State of UP.
Counsel for the applicant submits that the applicant Ashish is in jail in since 6.7.2015 in Case Crime No. 334 of 2015, under Section 376 (2) IPC and Section 5/6 POCSO Act, P.S. Sasni Gate, district Aligarh.
FIR of the incident dated 5.7.2015 was lodged on the same day at 23.20 hours. According to allegation made in the FIR, usually the first informant has left his house for duty at about 7 AM. On 5.7.2015 at about 8 to 8.30 AM, the accused Ashish in collusion with his wife Babli had molested the daughter of the first informant namely Rakhi aged about 6 years. When the first informant came to know about the incident through the victim then a crowd was collected in which the accused was beaten by the crowd. The statement of victim was recorded on 16.7.2015 in which she has supported the version of the FIR. However, the parents of the victim has refused for her medical examination. The counsel for the applicant further submits that the first informant is tenant of the house of the applicant and there was a serious dispute relating to tenancy between them. The applicant has been falsely implicated as the first informant was trying to grab the house of the applicant. The conduct of the first informant that he has refused for medical examination of his girl shows that it was a false allegation. So far as statement under Section 164 Cr P C is concerned, the statement was recorded after 11 days of the incident and it was tutored statement.
AGA has opposed the prayer for bail.
Keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ashish involved in Case Crime No. 334 of 2015, under Section 376 (2) IPC and Section 5/6 POCSO Act, P.S. Sasni Gate, district Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date 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.
Order Date :- 26.4.2018 Rahul /-