Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47995 of 2018 Applicant :- Shameem Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accused- applicant, who is involved in Case Crime No. 346 of 2018 under Sections 363, 354B, 343, 506 I.P.C. and Section 7/8 of the Children from Sexual Offences Act, 2012 Police Station Patiyali, District Kasganj.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. but he has been falsely implicated due to village politics. In the statements recorded under Section 161 Cr.P.C. the victim girls stated that they being annoyed with their maternal uncle went to their relative house and then applicant and one Raj Kumar left them at Patiyali whereas in the statements recorded under Section 164 Cr.P.C. they made allegations of kidnapping and molestation against the applicant and Raj Kumar. Thus, their statements are self contradictory. The victim girls have not got themselves medically examined. The applicant has not committed any offence. He is a handicapped person. He is in jail since 30.10.2018 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shameem involved in the 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:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. He shall cooperate in the trial bonafidely without seeking adjournments.
3. He 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 :- 29.5.2019 Ram Murti