1. Heard learned counsel for the applicant and learned A.G.A. for the respondent-State. Nobody is present for respondent No.2, though notice is served personally.
2. This is an application under Section 439 CrPC in Complaint Case No.122/2020, Session Case No.306/2021, under Sections 323, 504, 506 IPC and Section 3/4 of Protection of Children From Sexual Offences Act, 2012 (POCSO Act), Police Station Sursa, District Hardoi.
3. Submission of the learned counsel for the applicant is that applicant is innocent and he has falsely been implicated in this case. The allegation leveled in the complaint is false. The next submission of the learned counsel for the applicant is that no case is made out under the sections mentioned in the complaint. Applicant has no criminal history to his credit. Applicant is languishing in jail since 19.03.2021. Lastly, it has been submitted by learned counsel for the applicant that in case the applicant is enlarged on bail, he will not misuse the liberty granted to him.
5. On the other hand, learned AGA has opposed the prayer for bail, however, he could not dispute the submissions advanced by learned counsel for the applicant.
6. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
7. Considering the submissions advanced by learned counsel for the parties, material available on record as well as totality of facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
8. Let the applicant (Shameen) be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case; (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
9. Any violation of above conditions will be treated misuse of bail and learned court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
10. It is, however, made clear that the observation made above shall not affect the trial of the case.
Order Date :- 17.8.2021 ML/-