Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56491 of 2019 Applicant :- Vikki Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Verma,Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shivaji Srivastava, Advocate, holding brief of Sri Rakesh Kumar Verma, learned counsel for the applicant; as well as Sri Nagendra 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 - Vikki with a prayer to release him on bail in Case Crime No. - 625 of 2019, under Sections - 452, 354- A IPC and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station - Shahganj, District - Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of sexual harassment of a minor girl, punishable with imprisonment of five years;
(ii) against FIR lodged on 5.11.2019, the applicant is in confinement since 8.11.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is pending, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the parties are inter-related and false accusations have been made owing to other disputes between the applicant and parents of the alleged victim girl. In any case, referring to the statement of victim recorded under Section 164 Cr.P.C., no ingredient of offence alleged is made out.
(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 or intimidate the witness.
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 investigation/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 :- 18.12.2019 Prakhar