Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32421 of 2018 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sami Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sami Ullah Khan, learned counsel for the applicant 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. Learned counsel for the applicant has next drawn the attention of this Court towards annexure-5 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein allegation of unnatural sex of the victim has been levelled against the applicant. It is next contended that there is material contradiction between the F.IR. and medical evidence inasmuch as the F.I.R. does not contain any witness in support of the prosecution story. It is next contended that as per the medical report of the victim- Ajay Nishad, four simple injuries and no other external injury on the body of the victim is mentioned. 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 29.04.2018. It has been pointed out that the applicant has no criminal history. Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Sunil Kumar involved in Case Crime No.196 of 2018, under Sections 377 I.P.C. and Section 3/4 of the Protection of Children From Sexual Offence Act, Police Station Mahuli, District Sant Kabir Nagar be released on bail on his furnishing a personal bond with two heavy 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 six 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 :- 26.10.2018 Abhishek