Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31218 of 2018 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Madhava Nand Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Madhava Nand Shukla, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sachin in Case Crime No.16 of 2018, under Sections 354-B, 376, 504, 506 I.P.C. and 7/8 of The Protection of Children From Sexual Offences Act, Police Station Adarsh Mandi, District-Shamli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the first informant is a married lady aged about 40 years. She has alleged that the applicant had taken objectionable video and then he used to blackmail and establish physical relations with her. He had also extended threats of making the said video viral. The said incident is stated to have taken place on 12.12.2017 and again the applicant is alleged to have attempted to outrage modesty of her daughter on 21.12.2017. However, the F.I.R. has been lodged by her on 20.1.2018. Learned counsel for the applicant states that no video clipping has been recovered from the applicant during investigation. The first informant was a consenting party and later on, on account of some differences she has made allegations of attempt to outrage modesty of her daughter as well. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 30.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Sachin 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 21.8.2018 MN/-