Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57594 of 2019 Applicant :- Shakir Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mata Pher 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 applicant has been falsely implicated in this case by the informant for ulterior motives. The allegations made in the FIR by the informant against the applicant have not been supported by the victim in her statement under Section 164 Cr.P.C. The age of the victim as per medical report has been found to be 17 years. Given margin of two years on the higher side she can be considered to be major. Hence no offence is made out against the applicant. The applicant has no criminal history to his credit and he is languishing in jail since 20.10.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
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 Shakir Khan, be released on bail in Case Crime No. 881 of 2019, under Sections- 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station- Sikandra, District- Agra, 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 :- 20.12.2019 Rohit