Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47600 of 2018 Applicant :- Dheera Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Srivastava,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No.957 of 2017, under Sections 354, 354A, 323, 504, 506 I.P.C. and 7/8 POCSO Act, P.S.T.No.64/2018 PS.
Narkhi District Firozabad with the prayer to enlarge the applicant on bail..
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that the First Information Report was lodged under section 376 I.P.C. after three days of the incident and during investigation no offence under section 376 I.P.C. was made out; that the victim in her statement recorded under section 164 Cr.P.C. has merely alleged that the applicant forcibly torn her clothes and tried to molest her and when she raised alarm, the wife the applicant reached there; that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is in judicial custody since 11.11.2017, having no criminal history.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Dheera involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial Court
(iv) The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
(v) 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 them from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 11.6.2019