Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55964 of 2019 Applicant :- Jeeshan Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today on behalf of applicant is taken on record.
2. Heard Sri Avanish Pratap Singh, learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Jeeshan with a prayer to release him on bail in Case Crime No. -305 of 2019, under Sections -354B, 506 I.P.C., Section 7/8 of POCSO Act and Sections 3(1)(W)(i) and 3(2)5A of SC/ST Act, Police Station - Gagalhedi, District - Saharanpur, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of sexual harassment of minor girl and attempt to disrobe her, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 10.9.2019, the applicant is in confinement since 11.9.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by counsel for the applicant that the victim girl did not name the applicant in her statement recorded u/s 164 Cr.P.C. In any case, she has not made any allegation against the applicant in her statement recorded at the trial;
(vii) 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 or intimidate the witnesses.
5. 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 M. Kumar