Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7829 of 2018 Applicant :- Amit Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ritesh Kumar Singh,Basant Kumar Upadhyay,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that first information report of incident has been lodged by the victim herself with delay of two days without any plausible explanation. It is further submitted that as per averments made in FIR, applicant along with three others took the victim in a tube well where co-accused Akash Yadav molested her. It is further submitted that thereafter, victim was taken for medical examination before the doctor before whom she narrated the same story and even when she was interrogated by the Investigating Officer. However, when her statement under section 164, Cr.P.C. was recorded, she changed the version and stated to be sexually assaulted also. It is further submitted that even if prosecution story be believed to be true, at the most a case of molestation would be made out. Further submission is that applicant is in jail since 16.1.2018 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim who is minor has fully supported the prosecution and there is no reason of false implication.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and evidence in support of it and without expressing any view on merit of the case, I find it to be a case of bail.
Let applicant- Amit Yadav be released on bail in Case Crime No. 760 of 2017, under Sections 363, 366, 342, 354Kha, 376D, IPC & Section 3/4 POCSO Act, P.S.- Basdeeh, District Ballia, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 27.2.2018 T. Sinha