Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45586 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Rahul seeks bail in Case Crime No. 221 of 2018, under Sections 323, 354, 506 IPC and Sections 3(1)da, 3(1)dha and 3(1)(b)(I) of SC/ST Act and Section 8 of POCSO Act, P.S. Charkhari, District- Mahoba.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of the Court towards the statement of the victim under Section 164 Cr.P.C. in which she has stated that the applicant hurled abuses on her and assaulted her with a slipper, however he did not commit any indecent act with her. There is also no allegation of commission of any offence under the SC & ST Act. Lastly, it is submitted that applicant is in jail since 9.8.2018 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. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 9.8.2018.
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 applicant Rahul 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 :- 29.11.2018 KU