Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39146 of 2021 Applicant :- Amit Opposite Party :- State of U.P.
Counsel for Applicant :- Mohit Gautam Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Mohit Gautam, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that there is allegation of rape committed by the applicant with the daughter of informant. Thereafter, this F.I.R. has been lodged.
It is submitted that applicant is innocent and has been falsely implicated in this case on account of family dispute. Victim has also not supported the prosecution version. No any rape was committed by the applicant with the victim. No any injury has been found on the person of the victim indicating the commission of rape. Victim has stated in her statement recorded u/s 164 Cr.P.C. before the Magistrate that applicant has not committed rape with her and on account of family dispute between her father and uncle this false case was registered against the applicant. Applicant has done nothing. The applicant is languishing in jail since 08.07.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record, the fact that victim has not supported the prosecution version in her statement recorded u/s 164 Cr.P.C. 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 Amit involved in Case Crime No.824 of 2021, under Sections 376(3), 506 I.P.C. & 3/4 POCSO Act, Police Station Khurja Nagar, District Bulandshahr, 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 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 :- 22.12.2021 Ashok Gupta