Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35999 of 2019 Applicant :- Hari Shankar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deenanath Mishra Counsel for Opposite Party :- G.A.,Ravi Sahu
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Ravi Sahu, learned counsel for the informant.
It has been submitted that applicant is aged about 64 years and is related to the family of the informant. It has been submitted that he has been falsely implicated on account of fact that he sold his share of land to a third person, Neetu Dwivedi, when the informant wanted to have that land since she belongs to the same family and has a house near the land of the applicant. It has been submitted that on account of aforesaid dispute, the applicant has been falsely implicated. The applicant is in jail since 10.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Hari Shankar, involved in Case Crime No.13 of 2019, under Section 354B IPC and Section 7/8 Protection of Children from Sexual Offences Act, Police Station Devrahat, District- Kanpur Dehat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.9.2019 SS