Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18797 of 2018
Applicant :- Pankaj
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Satsangi
Counsel for Opposite Party :- G.A.,Mohd Khalid
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the first information report was lodged after five days without any plausible explanation. He next submitted that in the F.I.R. there was only allegation of outraging the modesty of the victims, whereas the prosecutrix namely, Km. Nanhi and Km. Rajni in their statements recorded under Sections 161 and 164 Cr.P.C. (Annexure nos. 2 & 3) have made allegation of oral sex against the brothers of the applicant. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.1.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Pankaj involved in Case Crime No. 534 of 2017, under Sections 354, 506 I.P.C. and section 7/8 POCSO Act, P.S. Kadarchowk, district-Budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and also subject to prior deposit of Rs.50,000/- by way of Fixed Deposit Receipt or as the case may be, in the court concerned (payable in court's name), to be invested in a nationalized bank and ultimately paid to the person concerned occasioned to wrongful loss on the satisfaction of court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.5.2018 Faridul