Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54746 of 2019 Applicant :- Asgar Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned AGA has placed the complete medico legal examination report of the victim before the Court, which is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Asgar, with a prayer to release him on bail in Case Crime No.121 of 2019, under Sections 354-D, 376-D IPC, 3/4 POCSO Act and 3(2)(5) SC/ST Act, Police Station Sonha, District- Basti, during pendency of trial.
Submission is that age of the victim, as per medical report, is 18 years. In the FIR, she has implicated four persons including the applicant. In her statement under Section 161 Cr.P.C., she has levelled the allegation of rape against the applicant. Another co-accused, Haleem, is alleged to have made her video and other two accuseds were assigned the role of catching. In her statement under Section 164 Cr.P.C., She has named the applicant Asgar and co-accused, Haleem and two other co-accuseds have not been named therein.
Subsequently, police has recorded the subsequent statement of the victim under Section 161 Cr.P.C., wherein she has made allegation against all four persons again. Submission is that allegation of making video by co-accused, Haleem, has not been found to be proved by the Investigating Officer. No such video has been recovered. Medical report does not supports the allegation made in the FIR. Prosecution case is alleged to be doubtful. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 23.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 17.12.2019 Ruchi Agrahari