Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40494 of 2019 Applicant :- Prashant @ Aman Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that from the statement of the informant, it appears that there is dispute between the parties regarding their relationship of landlord and tenant. The informant has claimed himself to be earlier tenant of the father of the applicant. He has stated that earlier when he was the tenant, the applicant also used to tease his daughter. The incident has now been caused by him, which is correct and therefore, first information report was lodged. It has been submitted that first information report is promoted by ulterior motives. The applicant is in jail since 05.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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, Prashant @ Aman Shukla, involved in Case Crime No.443 of 2019, under Sections 354A, 506 IPC and Section 7/8 the Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali, District- Fatehpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 27.9.2019 SS