Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41949 of 2018 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiva Priya Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Ashok seeks bail in Case Crime No. 415 of 2018, under Sections 354, 506 IPC and Section 7/8 POCSO Act, P.S. Khurja Nagar, District- Bulandshahr.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. As per the medical report, the victim is aged about 16-17 years and false allegation of attempt to rape has been made against him. He next submitted that applicant is in jail since 8.5.2018 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 applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the victim is aged about 16-17 years and applicant is in jail since 8.5.2018 and he has no criminal history to his credit.
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 Ashok 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 within a period of six months from 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, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 31.10.2018 KU