HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 47918 of 2019
Applicant :- Kishan Pal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant; as well as Sri Ankit Shrivastav, 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 – Kishan Pal with a prayer to release him on bail in Case Crime No. – 367 of 2019, under Sections – 354 SectionI.P.C. and 7/8 POCSO Act, Police Station – Bahjoi, District – Sambhal, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicant is accused of assault to outrage the modesty of a girl child, punishable with imprisonment of seven years. Against the FIR lodged on 05.08.2019, the applicant was arrested on 06.08.2019 and is in confinement since then;
(ii) the applicant claims to have cooperated in the investigation and in any case is not shown to have unduly evaded his arrest;
(iii) the applicant has no criminal history;
(iv) the investigation has been concluded; charge sheet submitted, however, trial has yet not commenced. Therefore, it is not likely to conclude in near future;
(v) on prima facie basis only, it may be noted that it has been vehemently urged on behalf of the applicant that he is not the real accused, inasmuch as in her statement recorded under Sections 161 and Section164 Cr.P.C., the victim girl has named ‘Chuchu’ as the accused person and the applicant has never been known by that name;
(vi) 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.
4. 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 bondand two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :
(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 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 :- 20.11.2019