Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52005 of 2019 Applicant :- Riyasat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Harish Kumar Yadav, learned counsel for the applicant as well as Sri S.P. Maurya, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Riyasat with a prayer to release him on bail in Case Crime No. - 385 of 2018, under Sections - 354, 323, 504, 506 I.P.C. and Section 7/8 POCSO Act, 2012, Police Station - Asmauli, District - Sambhal (Bheem Nagar), during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of sexual harassment, assault and criminal intimidation, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 18.10.2018, the applicant is in confinement since 14.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, it has been submitted that the real dispute between the parties is in respect of drain. In any case, it has been submitted that the offence had been taken place at the spur of the moment and in such circumstances, the allegations of sexual harassment and assault are exaggerated;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Saif