Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12572 of 2019 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Devi Dayal,Haseeb Alam Ansari,Ram Jatan Yadav 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.
The submission is that from the statement of child witness there does not appears to be any offence caused to the child victim except the offence under Section 363 IPC and at the most 354 IPC. It has further been submitted that it is a case of false implication. Parties are the residents of the same locality and some dispute between the children took place which has resulted in the false implication. The applicant is in jail since 29.01.2019.
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 Salman, be released on bail in Case Crime No. 653 of 2018, under Sections- 363, 354, 342, 504, 506 IPC and 7/8 POCSO Act, Police Station- Etmaddaula, District- Agra, 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 :- 26.8.2019 Rohit