Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41489 of 2018 Applicant :- Mahesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Mahesh seeks bail in Case Crime No. 922 of 2018, under Sections 354-A IPC and 8 POCSO Act, P.S. Bahedi, District- Bareilly.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. He has further submitted that applicant is a handicapped person. In the medical report, there is absolutely no injury on the person of the victim and in her statement under Section 164 Cr.P.C., it is falsely stated that the applicant caught hold of the victim and tried to forcibly outrage her modesty. Lastly, it is submitted that applicant is in jail since 16.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that there is absolutely no external injury on the person of the deceased and that the applicant has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Mahesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.10.2018 KU