Court No. - 41
Case :- CRIMINAL APPEAL No. - 6197 of 2017 Appellant :- Israr Ahmad Alias Bablu Respondent :- State Of U.P. & Another Counsel for Appellant :- Awadhesh Rai Counsel for Respondent :- G.A.,Mithilesh Kumar Gupta
Hon'ble Aniruddha Singh,J.
Sri Mithilesh Kr. Gupta, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Counter affidavit filed by the learned A.G.A. is taken on record.
Heard learned counsel for the appellant and learned AGA for the State and Sri M.K. Gupta, learned counsel for the complainant, and perused the record.
This criminal appeal has been filed against order dated 16.9.2017 passed by Additional Sessions Judge, Court No. 1, Ghazipur in Bail Application No.125 of 2017 ( Israr Ahmad @ Bablu vs. State of U.P.) arising out of Case Crime No. 687of 2017, under Sections 354, 323, 504, 506, 452 IPC and Section 3(2)(5) of SC/ST Act and 7/8 POCSO Act, Police Station- Karimuddinpur, District-Ghazipur whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against Israr Ahmad Alias Bablu alleging that on 8.9.2017 he assaulted the daughter of the complainant with intent to outrage her modesty.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 9.9.2017 (more than ten months); having no criminal history; he has been falsely implicated due to previous enmity; there is no legal evidence against the present appellant; there is no specific allegation of sexual harassment; there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail or tamper with the evidence. He further submits that there is no likelihood of case being heard in near future.
Learned AGA opposed the prayer for bail but admitted that the appellant has no criminal history.
For the foregoing discussions, 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 view that the appellant has made out a case for bail. The appeal is allowed. Impugned order dated 16.9.2017 rejecting bail of appellant is hereby set aside.
Let appellant Israr Ahmad Alias Bablu involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 26.7.2018 OP