Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21325 of 2019 Applicant :- Pankaj Kumar Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offence under Section 376 IPC is not attracted in the present matter. If entire prosecution case is taken into consideration then also victim was above 19 years of age on the date of lodging of the FIR. Incident is said to have taken place between 15.5.2015 and 4.2.2019. When applicant denied for marriage with the victim offence of sexual allegation has been levelled against him and the same will not come in the purview of Section 376 IPC. The applicant has no criminal history. He is languishing in jail since 25.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and 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 the applicant Pankaj Kumar Sharma involved in Case Crime No. 03 of 2019, under Sections 376, 323, 504, 506 I.P.C., Section 3/ 4 POCSO Act and Section 3 (2) 5 SC/ST Act, P.S. Mahila Thana Siddharth Nagar, District Siddharth Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2019//Sachdeva