Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36405 of 2018 Applicant :- Suhail Opposite Party :- State Of U.P.
Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vineet Kumar Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that victim is major and as per statement of victim recorded u/s 164 Cr.P.C. she herself stated that she was beaten up by her mother, as a result of which she went to the house of her sister; she was not accompanied by anyone while going to the house of her sister as she went alone there and thereafter 3-4 days, she went back to her home. It is also stated that the alleged first information report was registered by her mother on the basis of rumours. A copy of the statement of victim recorded u/s 164 Cr.P.C. has been annexed as Annexure No. 2 to the affidavit filed in support of bail application. The applicant has not committed any offence as stated by informant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 01.08.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
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.
Let applicant Suhail be released on bail in Case Crime No. 306 of 2018, under Sections 363, 366 IPC & Section 16/17 of Protection of Children from Sexual Offences Act 2012, Police Station- Pharenda District- Maharajganj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible 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 :- 25.9.2018 Arti