Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10917 of 2018 Applicant :- Nand Kishore Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Nand Kishore and Dharmendra alleging that on 16.9.2017 at 3 P.M. they assaulted daughter(17 years) of complainant Mithailal with the intention to outrage her modesty.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; no specific role of sexual harassment was assigned; specific role of catching hold of hands of victim was alleged; he is languishing in jail since 3.10.2017(five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Dharmendra Kumar has been granted bail by this Court on 15.2.2018 vide Criminal Misc. Bail Application No. 5601 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Nand Kishore involved in Case Crime No.736 of 2017, under Sections 354 IPC and Section 8 of Protection of Children from Sexual Offences Act,2012, Police Station Bahedi, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 23.3.2018//A. Singh