Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7766 of 2018 Applicant :- Intaf And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Dildar, Arbaj and Share Alam alleging that on 19.11.2017 they have made unnatural offence against the son of the complainant aged about 12 years voluntarily has carnal intercourse against the order of nature; the F.I.R. was lodged on 05.12.2017 after 14 days of the incident.
Learned counsel for the applicants submitted that the applicant has been falsely implicated in the present case; the F.I.R. was lodged after 14 days of the incident; the applicants are not named in the F.I.R.; there is no injury found on the body of the prosecutrix; there is no independent witness against the applicants; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are in jail since 07.12.2017 (more than two and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicants.
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 applicants Intaf and Sahid @ Sahid Ali involved in the Case Crime No. 285 of 2017, under Sections 377, 323, 504, 506 I.P.C. and 3/4 POCSO Act, P.S. Pipiganj, District Gorakhpur be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 27.2.2018 A. Tripathi