Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15349 of 2017 Applicant :- Dhananjay Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Pandey,Ravi Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Counter affidavit on behalf of State has been filed today, is taken on record.
Rejoinder affidavit has been filed today, is also taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 79 of 2017 under Sections 354C, 352 I.P.C. and Section 66E Information Technology (Amendment) Act and section 13/14 Protection of Children from Sexual Offence Act Police Station- Rampur Karkhana District Deoria.
Learned counsel for the applicant submitted that as per allegation made in the FIR, the applicant made a video of daughter of complainant by placing mobile upon the window of bathroom. It is also submitted that recovered mobile does not belong to the applicant. Moreover, the complainant and his daughter have turned hostile during the trial before the court concerned and have not supported the case of the prosecution and have not implicated the applicant in the matter. The applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 9.3.2017.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Dhananjay Sharma, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2017 Ajeet