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Ashish @ Kaliya vs State Of U.P. on 19 November, 2019


?Court No. – 27

Case :- BAIL No. – 4538 of 2019

Applicant :- Ashish @ Kaliya

Opposite Party :- State of U.P.

Counsel for Applicant :- Bal Ram Jakhar,Manish Kumar Mishra,Vineet Gupta

Counsel for Opposite Party :- G.A.

Hon’ble Karunesh Singh Pawar,J.

Counter affidavit filed on behalf the State is taken on record.

Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

Learned counsel for accused-applicant while pressing the bail application submits that the applicant has been falsely implicated. The alleged incident occurred in front of a shop. The daughter of the complainant fell in the Nali. The applicant has taken her out and took her home. Prosecutrix has not been subjected to medical examination. Applicant has no previous criminal history. He is in jail since 13.02.2019.

Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.

Let the applicant, Ashish @ Kaliya, involved in Case Crime No.16 of 2019, under Sections 354 I.P.C. and Section 7/Section8 Protection of Children from Sexual Offences Act, Police Station – Ashiyana, District – Lucknow, 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 which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

Order Date :- 19.11.2019




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