Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35689 of 2018 Applicant :- Shiv Ashrey Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant has not committed any offence as stated by the prosecution he has falsely been roped in the present case to save the skin of accused persons who committed offence with the wife of the applicant prior to lodge the complaint by the wife of applicant. The said fact has been mentioned in para 14 to the affidavit filed in support of bail application. It is also submitted that as per statement of victim recorded u/s 164 Cr.P.C. no specific allegation has been made against the applicant with regard to the commission of the alleged offence. A copy of the statement of victim recorded u/s 164 Cr.P.C. has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 10.06.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Shiv Ashrey be released on bail in Case Crime No. 59/18, under Section 354 IPC & Section 7/8 of Protection of Children from Sexual Offences Act, Police Station- Jamalpur, District- Mirzapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view 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 :- 20.9.2018 Arti