Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29525 of 2016 Applicant :- Babloo Singh @ Babloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Neelabh Srivastava,Ashutosh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the applicant and Additional Government Advocate for the State.
Babloo Singh @ Babloo ( applicant) is in jail since 17.2.l2016 in connection with Case Crime No.0103 of 2016, under Section 363, 376-A, 307, I.P.C., 3/4 of Protection of Children from Sexual Offences Act (POCSO), 2012 and 3(2)(v), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.Surajpur, district Gautam Budh Nagar.
F.I.R. of the incident dated 16.2.2016 was lodged on the same day at 14-00 hours by Shiv Kumar Ahirwar, father of the victim. In the F.I.R. it has been stated that daughter of the informant Prachi was playing with other children in the nearby park when some unknown person had committed rape with her and thereafter threw her in the campus of Power House due to which she received severe injuries. Medical examination of the victim was done on the same day. In medical examination report neither any injury nor any sign of rape was found on the body of the victim. It is alleged that name of the applicant was disclosed by some informer of the police on which the applicant was arrested on 17.2.2016. Till today no identification parade has been done of the applicant.
The counsel for the applicant submits that the applicant has been falsely implicated in this case and on the pressure of the media F.I.R. was lodged on false allegation although on medial examination neither any injury nor any sign of rape was found on the body of the victim.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The application is allowed.
Let the applicant Babloo Singh @ Babloo, accused in Case Crime No.0103 of 2016, under Section 363, 376-A, 307, I.P.C., 3/4 of Protection of Children from Sexual Offences Act (POCSO), 2012 and 3(2)(v), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.Surajpur, district Gautam Budh Nagar, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 7.9.2018 mt