Granted bail to applicant Manoj Singh charged under Sections 354B and 323 IPC and POCSO Act after considering submission of false implication and custody duration, imposing standard bail conditions.
Release on personal bond and two sureties subject to conditions against tampering, harassment, and re-offending.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3893 of 2018
Applicant :- Manoj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against the applicant Manoj Singh alleging that on 20.10.2017 he assaulted the daughter of complainant Suneel Gaud with intent to outrage her modesty.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; there is no any previous criminal history against the applicant; there is no specific allegation about sexual harassment in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 04.01.2018 (more than one and half months).
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicant.
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 the applicant Manoj Singh involved in the Case Crime No. 519 of 2017, under Sections 354B, 323, 504 I.P.C. & 7/8 Protection of Children From Sexual Offences Act, P.S. Sarai Inayat, District Allahabad be released on bail on his executing a personal bond and furnishing two sureties 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 19.2.2018/A. Tripathi
2 issues framed by the court
Whether the bail application should be allowed in light of false implication and custody period.
Whether conditions can be imposed to prevent interference with prosecution and future offence commission.
Manoj Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
