Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25108 of 2021 Applicant :- Abhimanyu Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Krishna Mishra
Hon'ble Om Prakash-VII,J.
Despite service of notice none is present for the informant.
Heard Sri Ajay Mishra, learned Advocate holding brief of Shri Krishna Mishra, learned counsel appearing for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further argued that initially FIR was lodged in this matter only for the offence under Section 354 (Ka), 452 IPC and Section 7/8 POCSO Act by the mother of the victim. No allegation for committing the offence of rape was levelled in it. Victim was interrogated under Section 161 Cr.P.C. but again she did not level allegation for committing the offence of rape upon her by the accused applicant. Thereafter applicant moved bail application before the court below and same was allowed. Thereafter Investigating Officer produced the girl before the concerned Magistrate for recording the statement under Section 164 Cr.P.C. Referring to the statement of the victim recorded under Section 164 Cr.P.C. it was next contended that for the first time victim changing her earlier version levelled the allegation for committing the offence of rape. Thus, it was argued that allegation for committing of offence of rape is after thought and advise of the family members. No such incident ever took place. Statement under Section 164 Cr.P.C. is not reliable. Applicant is in jail since 26.12.2020 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161, 164 Cr.P.C., medical evidence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Abhimanyu involved in Case Crime No. 608 of 2020, under Sections 376, 452 I.P.C. Section 5/6 POCSO Act, P.S. Ghoorpur, District Prayagraj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.27 13:35:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad