Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13836 of 2019 Applicant :- Sumit @ Sumit Kashyap Opposite Party :- State of U.P.
Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Amar Bahadur Maurya, learned counsel for the applicant, learned A.G.A. and perused the record.
As per F.I.R., on 17.05.2018 at 10.00 A.M. informant's younger sister Manju, aged about 11 years, has gone to tubewell for bathing, accused persons Abhishek Kashyap, Sumit Kashyap and Karan Kashyap were present there earlier, caught hold the victim with bad intention. That when the victim cried, her elder sister and brother Pooran Lal reached there and saves Manju from them. That applicant made caste abusing word to her elder sister, Seema as well as threatened to kill her if she informed anybody about this incident. Thereafter, an F.I.R. was lodged by the informant on 17.05.2018 at 16.57 hours against all the accused persons.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case due to enmity; that there is delay in lodging the F.I.R. but no explanation is given regarding the same; that as per medical examination report, the injuries found on the body of the victim-Manju and Seema, were simple in nature; that victim has never stated in her statement recorded under Section 164 Cr.P.C. regarding mar-peet or injury; that there is no independent witness of the alleged incident; that co-accused Abhishek Kashyap has already been granted bail vide order dated 27.11.2018 in Bail Application No. 44902 of 2018. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 14.2.2019.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Sumit @ Sumit Kashyap involved in Case Crime No. 547 of 2018, under Sections 323, 354, 504, 506 I.P.C. & 7/8 POCSO Act and 3(2) 5A S.C./S.T.
Act, P.S. Kotwali, District Mainpuri be released on bail on 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of.
Order Date :- 27.11.2019 Vibha Singh