Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 224 of 2018 Applicant :- Harvindra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava, J.
Heard Sri Sushil Kumar Pandey & Sri Amit Daga, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.663 of 2017, under Sections 354-A, 376/511, 323, 504, 506 IPC and 7/8 of POCSO Act, Police Station Thana Bhawan, District Shamli, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that he has been falsely implicated in this case as the applicant being a teacher and had scolded the prosecutrix. It is next contended that in the first information report a bald assertion of attempted rape has been made. Whereas in fact, the statement of prosecutrix recorded under Section 164 Cr.P.C. is taken as it is, the present case will not travel beyond purview of Section 354 Cr.P.C. There is no medical report of the victim. The applicant is an educated man and he is languishing in jail since 13.11.2017 and no useful purpose would be served at all to detain him in jail any more. He has no criminal antecedents to his credit.
Learned A.G.A. vehemently opposed the bail and submitted that the victim is aged about 12 years. However, he could not dispute that the only allegation of victim under Section 164 Cr.P.C. is that the applicant had kissed her and had attempted to lift her pullover.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Harvindra Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(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 Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.8.2018 Hasnain