Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19890 of 2018 Applicant :- Babulal Rawat Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikrant Pandey,Ram Mani Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vikrant Pandey, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged by the complainant against the three named persons including the applicant alleging that for the last 4-5 days the applicant had called her son and tried to do unnatural sex with him in a room.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the victim was medically examined but no injury was found on his body. The incident is alleged to have taken place on 28.8.2017 and the applicant was arrested on 1.9.2017. The victim in his statement recorded under section 161 Cr.P.C. has clearly stated that he went for the first time in the room of the applicant whereas the complainant stated that the victim had gone in his room for the last 4-5 days. The complainant has inimical terms with the applicant because both the parties sell kabab paratha in the same locality and the sale of the applicant is on higher side and that of the complainant is on lower side.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 1.9.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Babulal Rawat involved in Case Crime No.3419 of 2017, under Sections 377, 511,506 I.P.C. & Secs. 9, 10 & 18 POCSO Act,, Police Station Kotwali, District Basti be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 28.5.2018 IA