Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22122 of 2019 Applicant :- Sudhakar Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Karan Nath Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Sudhakar Sharma seeking bail in Case Crime No. 53 of 2019, under Sections 354, 323, 504 IPC and under section 8 POCSO Act & Section 3(1)10 SC/ST Act, Police Station Naraura, District Bulandshahr.
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 submitted that the victim in her statement recorded under section 164 Cr.P.C. has stated that on 21.3.2019 she was celebrating the Holi Festival alongwith her family members and at that time the applicant alongwith one person also reached there and held her by her hands started applying colour on her face. However, there is no allegation of committing any indecent act with her except this, there was no allegation against the applicant. Lastly, it is submitted that applicant has no criminal history to his credit and he is in jail since 21.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by means.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 21.03.2019 and has no criminal history to his credit.
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 Sudhakar Sharma 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 :- 31.5.2019 Rk