HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43498 of 2019
Applicant :- Himanshu Kulshrestha
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajatshatru Pandey
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Himanshu Kulshrestha, with a prayer to release him on bail in Case Crime No.456 of 2019, under Section 354 IPC and Section 7/8 POCSO Act, Police Station Dakshin, District- Firozabad, during pendency of trial.
Submission is that applicant was the earlier teacher of the victim.He met her in the way and he talked to her, when her brother saw him and he was implicated in this case. In the statement of the victim under Section 164 Cr.P.C., there is only allegation that applicant pulled her by hand. It is also admitted in statement that applicant was teacher of the victim in the school and he was thrown out of the school because her parents complained against him. It has been submitted that although the victim is minor, but the allegations against the applicant are absolutely false and there is prior enmity between the applicant and parents of the victim. The applicant has no criminal history to his credit and he is languishing in jail since 05.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.10.2019