Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15671 of 2019 Applicant :- Gajendra Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Srivastava,Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the FIR is delayed by three days and there is no plausible explanation of the said delay. It is also submitted that the complainant borrowed some money from the applicant and when the applicant demanded his money to the complainant then complaint lodged FIR against the applicant. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 28.10.2018.
Learned A.G.A. opposed the prayer for bail.
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, namely, Gajendra Sharma involved in Case Crime No. 718 of 2018, under Sections 354, 323, 504, 325 IPC 7/8 POCSO Act, 3(2)(5) SC/ST Act, Police Station Sadabad Kotwali District Hathras, 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 pressurize/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.
Order Date :- 28.11.2019 Ankita