Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41808 of 2018 Applicant :- Atul @ Prabhat Opposite Party :- State of U.P.
Counsel for Applicant :- Bhole Ram, Mithilesh Kumar Tiwari, Pradeep Kumar, Ram Tiwari, Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Despite service of notice on opposite party no. 2, none has appeared on his behalf to oppose the application. Accordingly, the application is being proceeded on merits.
3. Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
4. The instant bail application has been filed on behalf of the applicant - Atul @ Prabhat with a prayer to release him on bail in Case Crime No. - 318 of 2018, under Sections - 376, 452, 504, 506 IPC and Section 3/4 POCSO Act, Police Station - Kotwali, District - Fatehpur, during pendency of trial.
5. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 14.5.2018, the applicant is in confinement since then;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the FIR was lodged owing to other disputes between the father of the alleged victim girl and the applicant. Though the FIR made allegation of rape, the same was not supported by the victim in her statement recorded under Section 161 Cr.P.C. She made such allegation in her statement recorded under Section 164 Cr.P.C. At the trial, the victim has been examined. Certified copy of such statement has been filed with the supplementary affidavit. She has completely denied the occurrence. She has further stated that the real dispute was another quarrel that occurred between the applicant and the father of the alleged victim girl.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
6. In view of the above, without expressing any opinion on the final merits of the case, considering the aforesaid status of the trial and that the applicant has no criminal history as also he has remained confined in jail for more than three and a half year, 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2021 Prakhar