Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11360 of 2018 Applicant :- Harkesh Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against the applicant Harkesh alleging that on 13.07.2017 at about 9:30 p.m. due to some dispute of paying money of Samosa he assaulted the daughter of the complainant Shakuntala Devi with intent to outrage her modesty.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; injuries of the injured are simple; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 18.11.2017 (more than four months) the criminal history of seven cases have been explained.
Learned A.G.A. opposed the prayer for bail and admitted that the criminal history against the applicant has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Harkesh involved in the Case Crime No. 391 of 2017, under Sections 354B, 323, 506 I.P.C. and Section 8 of POCSO Act, P.S. Kotwali Dehat, District Etah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass 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 the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018/A. Tripathi