Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22638 of 2019 Applicant :- Naresh Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anil Kumar Aditya Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 19.12.2018 (after eight days of incident) against the applicant alleging that on 11.12.2018, Anjali (daughter of complainant) committed suicide herself due to abetment of applicant. He tortured her by phone.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some property dispute. No role of abetment of suicide is made out against the applicant. There is no independent witness and no legal evidence against the applicant. After thought, the false story was developed with legal consultation due to previous enmity. One F.I.R. was also lodged against complainant and other persons about this incident. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 22.12.2018 (more than five 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 trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Naresh Kumar involved in Case Crime No.
359 of 2018, under Sections 306, 354-D IPC & Section 11/12 POCSO Act, Police Station Hasayan, District Hathras 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 :- 29.5.2019 A. Singh