Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1750 of 2019 Applicant :- Awnish Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Narayan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Counter affidavit filed by learned AGA, taken on record.
By means of this application the applicant Awanish has prayed to release him on bail in Case Crime No. 446 of 2018, u/s 452, 323, 506, 376 I.P.C. & Section 3/4 POCSO Act, P.S. Bidhuna, District Auraiya.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Occurrence was said to be of 2.1.2018 at 23:00 hours whereas report was got lodged on 3.1.2018 at 12:25 hours for offence punishable under Sections 452 and 323 I.P.C., for which there was no accusation of any rape or outraging modesty by accused applicant. Subsequently, statement of informant and prosecutrix was got recorded, in which the same reiteration of contention of FIR was there, with no accusation of rape or outraging modesty. But prosecutrix in her statement recorded under Section 164 of Cr.P.C. developed a case of rape and the same was with some ulterior motive. Whereas her age is held to be of 16 years in medical examination. There had been a quarrel regarding drainage in between road side, which resulted this false accusation and applicant is of no criminal antecedents. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Perusal of report which was instantly got lodged reveals that accusation was not of rape or outraging modesty and this was there in statement recorded under Section 164 of Cr.P.C. as of informant as well as prosecutrix. Subsequently, prosecutrix developed for offence of rape. Though, she has said that she had not told this offence of rape to her father and only disclosed after coming back of her mother. Meaning thereby, this was got hidden by her. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Awnish, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 Kamarjahan