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Shivnath And Ors. vs State Of U.P. on 14 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 12

Case :- BAIL No. – 10796 of 2019

Applicant :- Shivnath And Ors.

Opposite Party :- State of U.P.

Counsel for Applicant :- Nijam Ahamad

Counsel for Opposite Party :- G.A.

Hon’ble Aniruddha Singh,J.

Heard learned counsel for the applicants, Sri Satish Chandra, learned A.G.A for the State and perused the record.

According to prosecution case, F.I.R. was lodged against three accused persons, namely Shivnath, Govind and Rohit alleging that on 8.5.2018 they assaulted the daughter of complainant aged about ten years with intent to outrage her modesty.

It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicants. Incident took place night, nobody has seen the incident. Prosecution case is not supported by medical evidence. They are languishing in jail since 23.9.2019 (more than one and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let applicants Shivnath, Govind and Rohit involved in Case Crime No. 35 of 2018, under Section 354 IPC and Section 7/Section8 of Protection of Children from Sexual Offences Act and Section 3(2)(v)(a) S.C./SectionS.T. Act, Police Station Sammanpur, District Ambedkar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicants will not tamper with the evidence during the trial.

2.The applicants will not pressurize/ intimidate the prosecution witness.

3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

5.The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 14.11.2019

A. Singh

 

 

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