HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 37211 of 2019
Applicant :- Sher Khan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Zafeer Ahmad
Counsel for Opposite Party :- G.A.,Rajesh Yadav
Hon’ble Dinesh Kumar Singh-I,J.
Heard Sri Zafeer Ahmad, learned counsel for the applicant and Sri Rajesh Yadav, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 163 of 2019 under Sections 354, 452, 504, 376, 511, 506 I.P.C., Section 7/8 and Section 18 of P.O.C.S.O. Act, P.S. Chhajlet, District Moradabad.
As per F.I.R. which has been lodged by one of the sisters of the victims who are two in number and are respectively 13 years and 14 1/2 years old, on 17.06.2019 at about 10:00 a.m., both of them were alone in house and at that time, applicant entered her house and tried to molest them.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; learned counsel for the applicant has argued that F.I.R. was initially lodged under Section 354 I.P.C. but subsequently it has been converted under Section 376 I.P.C. read with Section 511 I.P.C.; no such occurrence has taken place; no medical examination of both the minor children has been got conducted; the accused is in jail since 19.06.2019; accused has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the grant of bail and stated that statements of victims under Section 164 Cr.P.C. were recorded, documents regarding which are annexed at page nos. 32 and 36 of the paper book respectively in which they have stated that their clothes were torn and they were tried to be raped by the applicant. As regards the injuries to have been caused to them, there is no evidence on record. It has come on record that no medical examination has been got conducted of the victims.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sher Khan involved in 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 :- 13.1.2020