Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52219 of 2019 Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Adil Khan, learned counsel for the applicant; Sri Piyush Dubey, learned counsel for the informant as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Bilal with a prayer to release him on bail in S.S.T. No.20 of 2019 arising out of Case Crime No. - 569 of 2018, under Sections - 354-A, 506 I.P.C. and Section 67 of Information Technology Amendment Act, 2008 and Section 7/8 of POCSO Act 2012, Police Station -Gajraula, District - Amroha (J.P. Nagar), during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of sexual harassment, criminal intimidation and offences under the Information Technology Amendment Act, punishable with imprisonment of five years;
(ii) against FIR lodged on 15.09.2018, the applicant is in confinement since 22.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted that though the offence alleged is against a minor girl child, however, learned counsel for the applicant would submit that other than bald allegation, there is no case diary material to substantiate the allegation. Thus, neither any objectionable photograph nor any evidence of offence under the Information Technology Amendment Act exist on record. That is not disputed by learned AGA;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 S.Chaurasia