Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40142 of 2021 Applicant :- Hashim Opposite Party :- State Of U.P And Another Counsel for Applicant :- Syed Mohammad Nawaz,Kumar Dhananjay,Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shahabuddin, learned counsel for the applicant and Sri Ankit Srivastav, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Hashim, with a prayer to release him on bail in Case Crime No. - 739 of 2021, under Sections - 363 and 376 I.P.C. and Section 3/4 POCSO Act, Police Station - Nandgram, District - Ghaziabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 16.07.2021, the applicant is in confinement since 23.07.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the victim girl was almost 18 years of age on the date of occurrence and that she has materially diluted the prosecution allegation in her statement recorded under Section 164 Cr.P.C.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Abhilash