Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8925 of 2019 Applicant :- Pintu Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Achyut Jee Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pintu Singh seeking bail in Case Crime No. 201 of 2018, under Sections 354A, 363, 323 IPC and Sections 11/12 of POCSO Act, Police Station Garwar, District Ballia.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under Section 164 CrPC, in which, she has stated that while she was coming to her home with her brother-in-law on scooter, the applicant along with three others stopped them and started assaulting her brother-in-law and thereafter, co-accused Sonu is said to have made her sit on a scooter and had taken her away, whereas the applicant along with one Vijay is alleged to have followed her on another scooter, however, there is absolutely no allegation that the applicant had committed any indecent act with her.
Learned counsel for the applicant has next submitted that the injury report of the victim Guddu Kumar shows that he sustained simple injuries on his person and general role of assault has been alleged in the FIR and in the statement of the victim.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 29.01.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 29.01.2019.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Pintu Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.2.2019 Nadim