Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47257 of 2019 Applicant :- Mukhtar Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Awadhesh Kumar Yadav, learned counsel for the applicant; as well as Sri Nagendra Kumar Srivastav, 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 - Mukhtar Ansari with a prayer to release him on bail in Case Crime No. -424 of 2019, under Sections - 354ka, 323, 504 I.P.C. & Section 7/8 Protection of Children From Sexual Offences Act, 2012, Police Station - Nichlaul, District - Maharajganj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of sexual harassment of a girl child, assault and criminal intimidation, punishable with imprisonment of seven years;
(ii) against FIR lodged on 20.09.2019, the applicant is in confinement since 11.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(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, it has been submitted that a minor scuffle has taken place between the applicant and the brother of the victim which has given the colour of instant allegation. In that regard, injury report of Pawan Gupta has been referred to which discloses some abrasion. However, the injury report of the victim is stated to be wholly inconclusive;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. 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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 S.Chaurasia