Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20599 of 2018 Applicant :- Vicky @ Ashutosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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. It is next contended that there was dispute between them with the regard to drainage of the house of the first informant as such the first informant and his family members off and on indulged into altercation with the father of the applicant and in order to his evil design few days before the registration of the present FIR the first informant and his associates came at the house of the applicant and started abusing the father of the applicant, thereafter, on the information of the father of the applicant police of police station Partapur came and challaned the first informant as well as the father of the applicant under Section 107/116 Cr.P.C. and as a counter blast present proceedings have been initiated against the applicant, the said fact has been mentioned in para 9 of the affidavit accompanying this bail application. It is further submitted no incident as alleged by the prosecution has taken place. 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 24.5.2017. 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 Vicky @ Ashutosh involved in Case Crime No.354 of 2017, under Sections 377, 506 I.P.C. and Section 3/4 The Protection of Children From Sexual Offences Act, Police Station Partapur, District Meerut be released on bail on his furnishing a personal bond with two sureties 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 expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.5.2018 Dev/-