Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39935 of 2018 Applicant :- Shishupal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 389 of 2018, under Sections 323, 354, 504, 506 IPC and Section 7/8 of POCSO Act, Police Station Nawabganj, District Bareilly.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. The allegation of committing indecent act has been made against the applicant, which is cooked up and concocted.
He has next submitted that the applicant has no criminal history to his credit and he is in jail since 29.08.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant has no criminal history to his credit and he is in jail since 29.08.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Shishupal be released on bail in the aforesaid case crime number 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) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 31.10.2018 Nadim