Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23430 of 2019 Applicant :- Shiva Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 32 of 2019, under Sections 7/8 Protection of Children from Sexual Offences Act, P.S Kopaganj, District Mau with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that in this case the applicant was granted bail under Sections 363, 366, 120 IPC vide order dated 9.5.2019 passed by this Court in Criminal Misc. Bail Application No. 19504 of 2019 but later on it was found that section 7/8 Protection of Children from Sexual Offences Act has been added, hence he could not be released on bail. It is further submitted that in the earlier bail order the whole matter has been considered on merit. It was also pointed out by learned counsel for the applicant that the victim in her statement recorded under Section 161 and 164 Cr.P.C. has not made any incriminating statement against the applicant and further stated that she had gone with applicant on her own sweet will. It has been further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is in judicial custody since 27.3.2019, having no criminal history.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Shiva Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial Court
(iv) The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 11.6.2019/Rk