Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15314 of 2019 Applicant :- Javed Opposite Party :- State of U.P.
Counsel for Applicant :- Sumit Goyal,Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A.,Ch. Dil Nisar,Jitendra Singh
Hon'ble Suresh Kumar Gupta,J.
Two counter affidavits filed by the learned counsel for the first informant, one is on behalf of father of the victim and another is on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
As per F.I.R. version that on 19.9.2018 at about 11.15 P.M., applicant has taken informant's daughter Shubhana (aged about 12 years) from her house to the house of co-accused Gayyur and attepmted sexual attempt. Thereafter, informant lodged an F.I.R. against the applicant and co-accused persons on 20.09.2018 at 2.17 A.M. at Chilkana Police Station.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case due to enmity; that applicant is a tractor driver and ploughed the field, due to some money dispute mar-peet has taken place between the applicant and the informant; that as per medical report victim is 17 years old; that as per medical examination report no spermatozoa found as well as neither any internal or external injury found on the body of the victim; that co-accused Gayyur and Nadeem have already been granted bail in Crl. Misc. Bail Application Nos. 14923 of 2019 and 11674 of 2019 vide order dated 16.4.2019 and 1.4.2019 of this court respectively. He next submitted that prosecutrix was examined before the trial court but she did not support the prosecution version and declared hostile. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 27.9.2018 having no criminal history.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Javed involved in Case Crime No. 315 of 2018, under Sections 363, 452, 376-D I.P.C. & 5/6 POCSO Act, P.S. Chilkana, District Saharanpur be released on bail on 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 26.11.2019 Vibha Singh