The Court granted bail to the applicant Shani Kumar Kardam who was falsely implicated in a POCSO and IPC case involving eve-teasing and poisoning of a minor's niece, pending his trial.
Applicant released on bail in Crime No.384 of 2018 on furnishing personal bond and two sureties subject to conditions of appearing for trial and not tampering with evidence.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8260 of 2019
Applicant :- Shani Kumar Kardam Opposite Party :- State Of U.P. Counsel for Applicant :- Pushpendra Singh,Abhitosh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant is not named in F.I.R. and has been falsely implicated, as his name surfaced in the statement of co-accused Akshay named in F.I.R.; that as per averments made in F.I.R. named accused Akshay, Nitesh and two unknown persons used to commit eve teasing with niece of first informant due to which she was very much disturbed and in the night of 15.8.2018 she was vomiting and disclosed that being disturbed with eve teasing by named accused and two unknown persons, she has consumed poison; that applicant neither committed eve teasing with deceased nor compelled her to consume poison; that no offence under section 9(G)/10 of POCSO Act and section 306 IPC is made out against applicant; that named accused Akshay and Nitesh have been granted bail by another Bench of this Court vide orders dated 23.1.2019 and 31.1.2019 passed in Criminal Misc. Bail Application Nos.568 of 2019 and 4444 of 2019, copies of which have filed at Annexure No.7 and produced for perusal; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 3.10.2018.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Shani Kumar Kardam be released on bail in Case Crime No.384 of 2018, under Sections 306, 354 I.P.C. and 9(G)/10 POCSO Act, P.S. Gulaothi, District Bulandshahr on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Tamang
2 issues framed by the court
Whether the impugned order denying bail to the applicant Shani Kumar Kardam be set aside and bail be granted to him.
Whether the applicant satisfies the court regarding not being falsely implicated and undertaking to abide by bail conditions.
5 provisions across 3 enactments
Shani Kumar Kardam
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
