HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 643 of 2020
Applicant :- Om Prakash Kushwah
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Goyal
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Ashish Goyal, learned counsel for the applicant as well as Sri Abhishek Singh, 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 – Om Prakash Kushwah with a prayer to release him on bail in Case Crime No. – 698 of 2019, under Sections – 354 IPC and 7/8 Protection of Children from Sexual Offences Act, Police Station – Rasoolpur, District – Firozabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of molestation of a minor child, punishable with imprisonment of seven years;
(ii) against FIR lodged on 5.10.2019, the applicant is in confinement since 6.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the false allegation has been made against the applicant and, in any case, factual allegation is vague and general;
(vii) in any case, 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 or intimidate the witness.
4. In view of the above, 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 bond and twosureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(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 :- 7.1.2020