Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7750 of 2018 Applicant :- Kishan Sharma @ Basu Opposite Party :- State Of U.P.
Counsel for Applicant :- Thakur Azad Singh,Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against the applicant Kishan Sharma @ Basu alleging that on 03.12.2017 he assaulted the complainant aged about 17 years with intent to outrage her modesty.
Learned counsel for the applicants submitted that due to previous enmity related to property the applicant has been falsely implicated in the present case; the prosecutrix is major; there is no independent witness against the applicant; there is no any previous criminal history against the applicant; there is no specific allegation about sexual harassment in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 04.12.2017 (more than two and half months).
Learned A.G.A. opposed the prayer for bail and admitted that he has received no any previous criminal history against this accused.
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 applicant Kishan Sharma @ Basu involved in the Case Crime No. 659 of 2017, under Sections 354-B, 506, 342 I.P.C. and under Section 7/8 POCSO Act, P.S. Kydganj, District Allahabad be released on bail on his 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 applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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