Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17288 of 2021 Applicant :- Brajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis,Naushad Ahmad Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard Sri Mohd. Monis, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned counsel appearing for the informant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further argued that FIR was lodged in this matter only for the offence under Section 354, 504, 506 IPC and Section 7/8 POCSO Act by the father of the victim. It is further argued that victim was examined under Section 164 Cr.P.C. Nothing specific was stated by her against the present applicant to attract offence under Section 376 IPC. Main role for causing offence of rape was stated by her against the co-accused Arvind. It is also argued that no charge sheet had been submitted against the applicant at initial stage. Later on the applicant was charge sheeted in this matter taking recourse to the provisions of Section 376 -D (A). It is also argued that co-accused has been allowed on bail on 07.08.2019 by coordinate Bench of this Court in Criminal Misc. Bail Application No. 24419 of 2019. Role assigned to the present applicant is on better footing with the role of co-accused. Thus, referring to the aforesaid fact it was next argued that applicant is in jail since 21.09.2020 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel appearing for the informant argued that the applicant is an influential person and due to that reason local police did not file the charge sheet against him. It is also argued that when informant reached on the spot hearing hue and cry of the victim applicant was found present at the place of occurrence. Thus, a prima facie case is made out against the applicant. At this juncture learned counsel appearing for the informant referred to the statement of the victim recorded under Section 161/164 Cr.PC.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 164 Cr.P.C., medical evidence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Brajesh involved in Case Crime No. 0531 of 2018, under Sections 376 D.A., 504, 506 IPC, Section 5/6 POCSO Act and 3 (2) (V) of SC/ST Act, Police Station Madnapur, district Shahjahanpur be released on bail on furnishing a personal bond and two heavy 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 during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.10.2021 Sachdeva