Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18146 of 2019 Applicant :- Chhotey Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Certified copy of the statement of P.W.-2 Vinod (informant) was recorded during trial filed today is also taken on record.
Heard learned counsel for the applicant, 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 is not named in the FIR. His name was surfaced during investigation. Age of the victim is not disclosed in the FIR but in the medical examination she was found above 18 years. In the trial, P.W.-1 victim did not support the prosecution case. She has been declared hostile by the prosecution and was cross examined. The applicant has no criminal history. He is languishing in jail since 14.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
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, evidence, complicity of the accused 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 Chhotey Lal involved in Case Crime No. 271 of 2018, under Sections 376-D, 342, 323, 504, 120-B I.P.C. and Section 3/ 4 POCSO Act, P.S. Gursahaiganj, District Kannauj 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 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.
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 :- 30.4.2019 Sachdeva