Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41514 of 2018 Applicant :- Shoaib Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of the court to the statement of the victim Priyanka recorded under Section 164 Cr.P.C. in which she has stated that all the accused persons are student of her college and started following her in a Car while she was going to school and, passed filthy comments on her and tried to outrage her modesty.
It is next contended that the co-accused Umar Chahat has already been granted bail by this Court in Crl. MIsc. Bail Application NO. 40279 of 2018 vide order dated 24.10.2018.
Learned counsel for the applicant has further submitted that the applicant is in jail since 14.9.2018 and in case he is released on bail he will not misuse the liberty of bail.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and the fact that similarly placed co-accused has already been granted bail.
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.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant, Shoaib Khan involved in Case Crime No.1263 of 2018, under Sections 354-A, 506 I.P.C. and Section 9(G)/10 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 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 :- 30.10.2018 R