Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11221 of 2018 Applicant :- Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by S/Sri Vishal Jaiswal and Akhilesh Tiwari, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against two accused persons, namely, Bittu and Akash alleging that on 10.1.2018 they assaulted the niece of complainant Jaiveer Singh with intent to outrage her modesty.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Prosecutrix is student of B.Sc. first year and major. She refused for medical examination. Entire prosecution story is false and fabricated. Applicant is innocent and has been falsely implicated in the present case. There is no allegation of sexual harassment against the applicant. There is no independent witness. He is languishing in jail since 9.2.2018 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Bittu involved in the Case Crime No. 04 of 2018, under Sections 354-A, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Mahavan, District Mathura be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018 A. Singh