Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26986 of 2018 Applicant :- Atul Opposite Party :- State Of U.P. Counsel for Applicant :- Sukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sukesh Kumar, learned counsel for the applicant and Sri Abhinav Prasad, 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. wherein the only allegation which has been levelled against the applicant that the applicant attempted to outrage modesty of the victim. It is further submitted that property dispute is pending between the parties, which has been dragged into criminal prosecution of the applicant, only to put pressure. 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 29.5.2018. It has been pointed out that the applicant has no criminal history.
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 Atul involved in Case Crime No.113 of 2018, under Sections 452, 354 Kha, 506 I.P.C. & Section 7/8 POCSO Act, Police Station Usrahar, District Etawah be released on bail on his furnishing a personal bond with two heavy 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.
Order Date :- 27.7.2018 Dev/-