Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22233 of 2018 Applicant :- Shivam Chaurasiya Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shashank Kumar, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shivam Chaurasiya with a prayer to release him on bail in Case Crime No. - 262 of 2018, under Sections - 354, 354-Kha, 506, 363, 376, 511, 504 IPC read with Sections 6, 7, 8 & 18 of POCSO Act, Police Station - Kotwali, District - Deoria, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to commit rape on minor girl, punishable with imprisonment of ten years;
(ii) against FIR lodged on 28.3.2018, the applicant is in confinement since 29.3.2018;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted by learned counsel for the applicant, wholly false and frivolous allegations have been made in the FIR owing to other disputes between the parties. However, in absence of any evidence of injury suffered by the victim, the applicant is entitled to bail at this stage;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Prakhar