Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57107 of 2019 Applicant :- Sakib @ Sakir Opposite Party :- State of U.P.
Counsel for Applicant :- Shashank Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Certified copy of FIR has been filed is taken on record.
The submission is that initially the applicant was implicated for offence under Sections 323, 504, 506 and 354 IPC by the victim. In the aforesaid offence the applicant was enlarged on bail on 15.10.2019. Subsequently, the statement of victim was recorded under Section 164 Cr.P.C. wherein she alleged the offence of attempt to rape and on the aforesaid allegation the applicant has been chargesheeted for offence under Sections 376, 511 IPC and Section 7/8 POCSO Act. It has been submitted by the counsel for the applicant that the applicant has been implicated in the aforesaid sections by way of improvement by the victim in her statement under Section 164 Cr.P.C. He has further stated that there is prior enmity between the family of the applicant with the informant. The real brother of the victim was implicated by cousin (brother) of the applicant, Samad, for committing offence under Sections 377, 504, 506 IPC and Section 7/8 POCSO Act on 11.05.2018. It has been submitted that the present proceedings are by way of counterblast. The applicant is in jail since 02.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sakib @ Sakir, be released on bail in Case Crime No. 848 of 2019, under Sections- 376, 511 IPC and Section 7/8 POCSO Act, Police Station- Colonelganj, District- Prayagraj, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 19.12.2019 Rohit