Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34968 of 2020 Applicant :- Dan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Narayan Tripathi,Bhaskar Bhadra Counsel for Opposite Party :- G.A.,Anurag Kumar Pandey
Hon'ble Om Prakash-VII,J.
List revised. None present for the informant.
Heard Sri Bhaskar Bhadra, 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 has been falsely implicated in the present case. He has not committed the present offence. First Information report was lodged belatedly by the mother of the victim. Prosecution has changed its version stage to stage. Referring to the contents of the F.I.R., statement of witnesses recoded under Sections 161 & 164 Cr.P.C., it was further argued that the F.I.R. was lodged against five persons whereas in the statement under Sections 161 & 164 Cr.P.C. of the victim, only applicant was shown as an accused. It is also argued that F.I.R. was lodged by the mother of the victim on the basis of statement of the victim. Victim herself has denied her medical examination. Thus it was argued that medical version does not support the oral version. No incident ever took place, as alleged by the prosecution. The applicant has no criminal history. He is languishing in jail since 25.06.2020 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 Cr.P.C., the 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 Dan Singh involved in Case Crime No. 96 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Shergarh, District - Bareilly 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 following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 29.10.2021 Israr