Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56969 of 2019 Applicant :- Shubham Alias Anil Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri V.P. Mishra, Advocate, holding brief of Sri A.K. Vishvakarma, learned counsel for the applicant as well as Sri Vikas Goswami, 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 - Shubham Alias Anil with a prayer to release him on bail in Case Crime No. - 0306 of 2019, under Sections - 452 and 354-A I.P.C. and Section 7/8 of POCSO Act, Police Station - Khandauli, District - Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of sexual harassment, punishable with imprisonment upto 3 years;
(ii) against FIR lodged on 28.08.2019, the applicant is in confinement since 02.10.2019;
(iii) the applicant has no criminal history;
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(v) on prima facie basis, for purpose of grant of bail, it has been submitted, the applicant has been falsely implicated on account of other dispute that has arisen between the applicant and the family of the alleged victim;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
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 :- 19.12.2019 Saif