Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45544 of 2018 Applicant :- Vishnu Kashyap Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kesh,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vishnu Kashyap seeking bail in Case Crime No. 609 of 2018, under Sections 354,506 IPC, and 7/8 POCSO Act P.S. Loni Border, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under section 161 Cr.PC. in which she has stated that the applicant and victim lives in the same house and in the night while she was sleeping the applicant misbehaved with her at 2.30 a.m. However in the statement recorded under section 164 Cr.P.C. the victim has stated that while she was sleeping in the night the applicant dragged her in toilet and caught her and tried to commit indecent act with her. From perusal of the said statement, it is evident that there is sharp contradiction in her statements under section 161 Cr.P.c. and 164 Cr.P.C.
Learned counsel for the applicant has further submitted that the applicant is in jail since 7.6.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Vishnu Kashyap be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 R