Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40794 of 2018 Applicant :- Bhura Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Bhura in connection with Case Crime No.1008 of 2018 under Sections 376, 506 I.P.C. and 3/4 POCSO Act, P.S. Indirapuram District Ghaziabad.
Heard Sri Deepak Rana, learned counsel for the applicant and Sri Nitin Kesarwani, learned AGA along with Sri Raj Kumar Yadav, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that he has been nominated with an allegation of rape by the brother of the prosecutrix through an first information report dated 07.05.2018 on the basis of suspicion. The allegation of rape in the first information report is utterly false. Learned counsel has invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C., wherein she has categorically stated that the applicant had come over to their place 4-5 days ante-dating the occurrence/registration of the first information report and was talking to her. The informant and his wife, i.e. prosecutrix's brother and sister-in-law, saw the applicant talking to the prosecutrix and outraged about it, lodged a false first information report accusing him of rape. It is categorically stated in the statement recorded under Section 164 Cr.P.C., through which this Court has been taken by learned counsel for the applicant, that the applicant did not do anything by force or anything objectionable or did he extend any threat. The statement of the prosecutrix also shows that there is some estrangement between brother and sister, and, the prosecutrix's mother is dead. It is submitted that the statement recorded under Section 164 Cr.P.C., is so exculpatory that nothing much is left to the prosecution.
Learned AGA has opposed the prayer for bail and submits that the veracity of the allegations are to be tested at the trial. However, learned A.G.A. does not dispute the fact that the statement recorded under Section 164 Cr.P.C. is exculpatory.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the statement of the prosecutrix recorded under Section 164 Cr.P.C., that is exculpatory and in unqualified terms, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Bhura involved in Case Crime No.1008 of 2018, under Sections 376, 506 I.P.C. and 3/4 POCSO Act, P.S. Indirapuram, District Ghaziabad be released on bail on executing a 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 :- 26.10.2018 R./