Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15283 of 2019 Applicant :- Dheeraj Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rajiv Kumar Pandey, learned counsel for the applicant, learned A.G.A. and perused the record.
As per F.I.R., on 1.1.2018 at 22.46 hours an F.I.R. was lodged by the informant as Case Crime No. 608 of 2018 under sections 354-Ka, 504 & 7/8 of POCSO Act against the applicant alleging that on 1.2.2018 at unknown time his brother-in-law / applicant taken away her daughter on the second door side of the house and tried to molest her.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case; that applicant and the informant are neighbour and there is some money dispute between them, due to this reason, the informant and victim falsely implicated the applicant in this case; that that it is a case of no evidence because there is no independent or public witness of the alleged incident; that this case is nothing more than to blackmailing and harassing the applicant. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 2.12.2018 having no criminal history except this one.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Dheeraj involved in Case Crime No.608 of 2018, under Sections 354-A, 504 I.P.C. & 7/8 of POCSO Act, P.S. Sasni Gate, District Aligarh be released on bail on 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 28.11.2019 Vibha Singh