Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35133 of 2018 Applicant :- Samiullah Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Shahnawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri A.P. Tewary, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 200 of 2018, u/s 376, 511, 354A, 506 IPC and section 7/8 POCSO Act and section 7 of Criminal Law Amendment Act, P.S. Farenda, District Maharajganj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to prosecution case as narrated in the first information report, in a mosque situated in the village the applicant is a caretaker he used to call one Maulvi whose name and address is unknown, who usually used to commit obscene act with her on 4.6.2018 at about 5.00 pm. The aforesaid Maulvi again started outraging modesty of daughter of the informant aged about 15 years. These acts were done by the applicant and other accused in order to disturb religious harmony in the village. The FIR was registered u/s 354 IPC and 7/8 POCSO Act. The applicant has been implicated in this case as he belongs to minority community. It is argued that in the statement u/s 164 Cr.P.C., the victim has stated that the applicant and other co-accused called her in the mosque and the applicant and both co-accused caught hold her hand and started kissing on her hand, they also attempted to take of her garments. On her raising alarm, her parents reached there and rescued her. It is argued that even if the allegation made by the victim u/s 164 Cr.P.C., are assumed to be true, at best it would be a case of sexual harassment punishable u/s 11 of POCSO Act and prima facie no offence u/s 376/511 IPC is made out. It is stated that co- accused Aftab Ahmad (alleged Maulvi) whose name was introduced during investigation has been enlarged on bail in Bail Application No. 27166 of 2018.
Learned A.G.A. has opposed the prayer for bail and submitted that the allegation against the applicant are serious and therefore, the applicant is not entitled to be enlarged on bail.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Samiullah involved in the aforesaid case crime number 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.9.2018 Dhirendra/