Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24267 of 2021 Applicant :- Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 1.4.2021 at about 11:30 to 12:00 p.m., victim was lying in her tapra. Applicant came there and caught her with bad intention. When she cried informant came there and applicant ran away. On search, he was not found in the night. Co-accused, Santosh was also involved in the present case. An FIR was lodged on 2.4.2021 at about 6:53 p.m. During investigation, Sections 363, 376 and 3/4 POCSO Act were added.
It is submitted that applicant is innocent and he has not committed any offence. He has falsely been implicated in the present case. As per FIR, victim was at her house and applicant used criminal force with bad intention in the night, informant also came there. On cry of victim, applicant ran away but during investigation the prosecution story was changed and improved by the victim, making allegation of rape and enticement with her which is afterthought. No any injury was found on the person of the victim during medical examination. There is no credible evidence to connect the applicant in the involvement of the aforesaid case. Whole prosecution story is false and fabricated. There is no criminal history against the applicant. The applicant is languishing in jail since 6.4.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that applicant has enticed the victim and committed rape with her, victim was minor at the time of the incident, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that no allegation of rape was made in FIR 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 - Deepak involved in Case Crime No.
312 of 2021, under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police Station Kotwali Lalitpur, District Lalitpur, 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.
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 :- 23.12.2021 Arif