Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45342 of 2018 Applicant :- Bhoora @ Anwar Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Bhoora @ Anwar Ahmad in connection with Case Crime No. 508 of 2017, under Section 376-D, 452, 323 I.P.C. and Section 4 POCSO Act, Police Station Fatehganj West, District Bareilly.
Heard Sri Awadhesh Kumar Srivastava, learned counsel for the applicant and Sri Akhilesh Mishra, learned AGA alongwith Sri Ashutosh Srivastava appearing for the State.
The submission of the learned counsel for the applicant is that the allegation in the FIR has been brought falsely by the informant on account of a dispute between the applicant and the prosecutrix's family as they are neighbours. The dispute is said to have erupted between parties ante dating the FIR, on account of bellowing loudspeakers in a function held in the locality. The learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., where she has denied the occurrence completely and said that the occurrence as mentioned in the FIR never took place. She has specifically said that no one ravished her and nobody ever entered her house, as alleged in the first information report.
Learned A.G.A. has opposed the prayer for bail and submitted that even in the statement made to the doctor during her medico legal examination, the prosecutrix has said that two boys entered her house, who ravished her but has not named any one.
He submits that it cannot be said that no crime as reported ever took place.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the prosecutrix has disowned the occurrence altogether makes the prosecution stand on very shaky ground, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Bhoora @ Anwar Ahmad involved in Case Crime No. 508 of 2017, under Section 376-D, 452, 323 I.P.C. and Section 4 POCSO Act, Police Station Fatehganj West, District Bareilly be released on bail on executing his personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.11.2018 BKM/-