Salman vs State Of U.P.
2014 Latest Caselaw 1614 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15510 of 2014
 
Applicant :- Salman
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ankit Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri Ankit Srivastava, learned counsel for the applicant, Sri Manish Dev, learned A.G.A. for the State and perused the record.

It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case.  It has been further submitted that the applicant is the contractor of the factory where the deceased was working. The allegation levelled in the FIR is that the deceased committed suicide as the applicant tried to molest her and commit rape on her but from the post-mortem report it is apparent that the cause of death is asphyxia as a result of hanging. The allegation of rape is not borne out from the post-mortem report and vaginal smear was sent to the pathological expert and in the said report, no spermatozoa was found. The post-mortem report shows that there was no other ante-mortem injury found on her person and there was no molestation or she was sexually assaulted by the applicant. The applicant has been falsely implicated in the present case regarding dispute of payment of wages to the prosecutrix.  The applicant is in jail since 19.11.2013.

Learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

Let the applicant Salman, involved in Case Crime No.2617 of 2013, u/s 376A, 354B, 306 IPC and 4/6 Protection of Children from Sexual Offences Act, P.S. Loni, district Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.

(ii) The applicant will not tamper with the witnesses.

(iii)The applicant will not indulge in any illegal activities during the bail period.

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

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

Order Date :- 9.5.2014/Gaurav