Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24874 of 2019 Applicant :- Hemant Kumar @ Rahul Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.223 of 2018, under Sections 323, 504, 506, 325, 354-A I.P.C., section 7/8 of the Prevention of Children from Sexual Offences Act and Section 3 (2) (5A) of the S.C/S.T Act, Police Station Bidhanu, District Kanpur Nagar.
Learned counsel for the applicant submits that according to the prosecution case on 25.04.2018 victim aged about 15 years had gone to the shop of Sanjai where the applicant- Rahul Tiwari by doing obscene act caught her hand. Victim apprised to her father and when informant went to complain, accused-applicant and his brother Rajat beat the informant by Lathi Danda due to which he got injured. The informant got fractured in lower end at radius and upper end at soft at fibula. He further submits that the applicant has not committed the alleged offence . the applicant has been falsely implicated in the present case and the applicant has no 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 languishing in jail since 15.05.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
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, the applicant is entitled for bail, let the applicant- Hemant Kumar @ Rahul Tiwari 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 or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.6.2019 Sweety