Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20136 of 2019 Applicant :- Sahrook Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra,D.M.Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant Sahrook Khan with a prayer to release him on bail in Case Crime No. 607 of 2018 under Sections 376-Gha (A), 323, 506 IPC and 4 POCSO Act and 3(1) Da, 3(2)VA, 3(1)V SC/ST Act, Police Station-Kotwali Nagar, District Mahoba during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case; that are variations in the version of the FIR and statements recorded under Sections 161 and 164 Cr.P.C. As per medical report, age of the girl is about 16 years; that the present applicant has been falsely implicated with ulterior motive; the victim has assigned role of committing rape to the co-accused Arvind and Jas Mohammad in her statement recorded in the Court, but she has specifically denied role of committing rape by the present applicant and the prosecution has declared her hostile so far the present applicant is concerned. Contention is that co-accused Arvind Singh Yadav has been granted bail by co-ordinate Bench of this Court passed in Criminal Misc. Bail Application No. 23401 of 2019 and the case of present applicant stands on better footings. The applicant is languishing in jail since 14.12.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail, but has not disputed factum of parity.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in 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 that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 Shahid