Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7982 of 2019 Applicant :- Harishankar Mishra @ Pahalwan Opposite Party :- State Of U.P. Counsel for Applicant :- V.K. Baranwal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri V.K. Baranwal, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Harishankar Mishra @ Pahalwan with a prayer to enlarge him on bail in Case Crime No.570 of 2018, under Sections 376, 511 I.P.C., Police Station- Kaundhiyara, District- Prayagraj.
It has been argued by learned counsel for the applicant that the applicant is innocent person and aged about 70 years old and has been falsely implicated in the present case. Earlier, the F.I.R. has been lodged under Section 354 I.P.C. and 7/8 POCSO Act in which the applicant has already been granted bail on 15.12.2018. After 19 days of the incident, the statement under Section 164 Cr.P.C. was recorded wherein there is no allegation with respect to commission of rape on her. When the matter went for verification, Offence under section 376, 511 was added on 21.12.2018 but the same does not corroborate by her medical examination report. The applicant does not have any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 03.12.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 25.2.2019 JK Yadav