Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31380 of 2018 Applicant :- Ashif Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Kumar,Firoz Haider,Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.,Manoj Kumar Rajvanshi
Hon'ble Rajiv Gupta,J.
Counter affidavit has been filed by learned AGA today, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Ashif seeks bail in Case Crime No. 335 of 2018, under Sections 452, 354 Kha, 323, 325, 506 IPC and Section 7/8 POCSO Act, P.S. Jansath, District- Muzaffarnagar.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
It has been further submitted that as per prosecution own case, the applicant is said to have entered in the house of victim and was committing indecent act with her, victim woke up and raised an alarm and her brother Shivam came however, the applicant is said to have pushed him due to which he fell down and suffered a fracture injury over right forearm, however the other injury was found to be simple in nature. Lastly, it is submitted that applicant is in jail since 10.07.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph 9 of the affidavit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid fact and the fact that applicant is in jail since 10.07.2018 and the victim Shivam is now hale and hearty.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Ashif be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 26.2.2019 Ujjawal