Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24213 of 2018 Applicant :- Yusuf Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Learned A.G.A. has filed counter affidavit in the Court today, which is taken on record.
Heard Sri Anil Kumar Jaiswal, learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant has not committed the alleged offence and there is no independent witness to support the prosecution version. Further submission is that there is contradiction in the statement recorded under section 161 and 164 Cr.PC. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 22.5.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Yusuf, be released on bail in Case Crime No. 115 of 2018, under Sections 354K I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act and Section 67-B Information Technology (Amendment) Act, P.S. Chandi Nagar, district-Baghpat on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Keeping in view the dictum of the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2004, trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 24.9.2018 Faridul