Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34904 of 2018 Applicant :- Awanish @ Sinku Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that earlier dispute took place between the applicant and mother of the victim and injuries were caused to the applicant. When he went to lodge the report before the police station he was arrested and implicated in this case on the report of the mother of the victim. The medical report does not supports the prosecution case. Although victim is minor, no sign of rape was found by the doctor. From the statement of the victim under Section 164 Cr.P.C., it appears that the allegation has been intensified against the applicant from that mentioned in the FIR. The applicant is in jail since 13.05.2018 and has not criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove and the material brought on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Awanish @ Sinku Singh, be released on bail in Case Crime No. 71 of 2018, under Sections- 363, 376, 342, 323, 504 I.P.C. and Section 3/4 of POCSO Act, Police Station- Sahatwar, District- Ballia, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 31.7.2019 Rohit