Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49177 of 2018 Applicant :- Pravesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pravesh Kumar seeking bail in Case Crime No. 0369 of 2018, under Sections 354,323,506 IPC and section 7/8 POCSO Act, P.S. Kaimganj, District Farrukhabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has next drawn the attention of the court towards the statement of the victim under section 161 Cr.P.C. in which she has stated that she alongwith her brother Ashish had gone on the field and there applicant is said to have held her by her hand and tried to drag her. On raising alarm, her brother Ashish and other villagers reached there and the applicant fled away. The victim has also stated that the applicant had also beaten her brother, however, there is no medical report to corroborate the said allegation. Learned counsel has next submitted that the applicant has not committed any indecent act with the victim.
It is lastly submitted that the applicant is in jail since 4.11.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Pravesh Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy 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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 R