Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48035 of 2019 Applicant :- Vikash Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajendra Prasad, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Vikash with a prayer to release him on bail in Case Crime No. - 759 of 2019, under Sections - 354, 354-Kha, 354-Gha, 506 I.P.C. & 7 and 8 POCSO Act, Police Station - Majhola, District - Moradabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to disrobe, stalking and other offences, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 06.09.2019, the applicant is in confinement since 07.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending against yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only it may be noted, according to the applicant though the incident reported in the FIR is of the applicant having pulled at the 'dupatta' of the victim and having thrown it away, there is no allegation of attempt to disrobe the victim. In any case, the applicant claims that he has been falsely implicated in the present case;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Abhilash