Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41136 of 2018
Applicant :- Sohan Veer
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri Anurag Sharma, learned counsel has put in appearance on behalf of first informant by filing his Vakalatnama today in the Court which is taken on record.
Heard learned counsel for the applicant and Sri Anurag Sharma, learned counsel for the first informant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
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. It is next contended that as per the medical report no injury has been found on the person of the victim, reference in this has been drawn to annexure-5 to the affidavit accompanying this bail application. It is further submitted that the applicant is aged about 50 years having six children and it is highly improbable for him to commit such offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 1.9.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Sohan Veer involved in Case Crime No.559 of 2018, under Sections 354-B, 506 I.P.C. & 7/8 of the Protection of Children From Sexual Offence Act, Police Station Bhopa, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties (one should of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the 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 eight 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 :- 27.10.2018 Dev/-