Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56955 of 2019 Applicant :- Maikal Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Atul Kumar, learned counsel for the applicant; as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Maikal with a prayer to release him on bail in Case Crime No. -337 of 2019, under Sections - 354A, 354B, 354C, 506 I.P.C. & under Section 7/8 Protection of Children from Sexual Offence Act, 2012, Police Station - Jansath, District - Muzaffar Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of sexual harassment, attempt to disrobe, voyeurism, punishable with imprisonment of seven years;
(ii) against FIR lodged on 18.10.2019, the applicant is in confinement since 18.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant has been falsely implicated. Reference has also been made to the discrepancy in the FIR narration of the incident as also to the statement recorded under Section 164 Cr.P.C. In any case, the video clip is claimed to have recovered from Ashwani, who is not an accused person;
4. Applicant shall continue to appear before the S.H.O. Incharge of Police Station-Jansath, District-Muzaffar Nagar every month on the first and last Sunday till July, 2020. He may first appear on 29 December, 2019.
5. It is further made clear, in the event of any measure being adopted by the applicant to either intimidate the victim or to even make contact with her either personally or through electronic means or in any other means, may result in immediate cancellation of bail being granted to the applicant.
6. It is also made clear that in the event of any such complaint, the informant shall be at liberty to inform the S.H.O. of Police Station-Jansath, District-Muzaffar Nagar in writing on which prompt action may be taken including bail cancellation application being filed by the State, immediately, upon such report being made.
7. 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 heavy 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.
8. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
10. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 19.12.2019 S.Chaurasia