Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41439 of 2018 Applicant :- Shyam Lal @ Shyampal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Shyam Lal @ Shyampal seeking bail in Case Crime No. 28 of 2018, under Sections 452, 323, 504, 506, 354 I.P.C.
and Section 12 of Protection of Children from Sexual Offences Act 2012, P.S. Pilua, District Etah.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He has next drawn the attention of the Court to the statement of the victim in which it is alleged that the applicant tried to pull the victim by her hand and had taken her photograph. In the said statement further it has been stated that there has been animosity amongst the applicant and the first informant for the last two years. There is absolutely no injury found on the person of the victim as she has not been medically examined as per her wishes.
Learned counsel for the applicant has further submitted that the applicant is in jail since 05.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. It is next submitted that the applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that there has been animosity amongst the victim and the applicant and that the applicant has no criminal history.
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.
Let the applicant Shyam Lal @ Shyampal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to 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.
Order Date :- 30.10.2018 Arun Gangwar