Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11620 of 2018 Applicant :- Puneet Opposite Party :- State Of U.P.
Counsel for Applicant :- Vageesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged by the informant against two accused persons namely, Satya Narayan and Puneet (the applicant) alleging that they assaulted the prosecutrix with the intention to outrage her modesty.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present case. Entire prosecution story is false and fabricated. Applicant is innocent and has been falsely implicated in the present case. Prosecution case is not supported by any independent witness.The co-accused Staya Narayan has already been enlarged on bail by this Court vide order dated 2.1.2018 passed in Criminal Misc.Bail Application No. 50502 of 2017, copy of which has been annexed at Page 36 of the affidavit filed in support of bail application, the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since 23.1.2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the role of this accused is identical to the role of co-accused who has already been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Puneet involved in the Case Crime No. 903 of 2017, under Sections 354, 452, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Naubasta, District Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 Su