Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43094 of 2017 Applicant :- Hakim Jasim Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- S. Kamal Akhtar Khan,Mahesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mukhtar Ahmad,J.
Applicant- Hakim Jasim Ahmad seeks bail in Case Crime No. 455 of 2017 under Sections 377,511 IPC and 7/8 POCSO Act 2012 , Police Station Ganj District Rampur.
Heard learned counsel for the applicant and learned AGA for the State.
An attempt of unnatural sexual intercourse is alleged to have been made by the applicant on minor son of the first informant. Submission of learned Counsel for the applicant is that the applicant is innocent and has falsely been implicated. Further contention is that mother and father of the victim/boy have also filed affidavits in the Trial Court denying the incident in question. Pleading false implication, lastly it is submitted that he is languishing in jail from 23.7.2017.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 :- 7.11.2017 Shahid