Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23068 of 2019 Applicant :- Deepak Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
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 has been falsely implicated in the present case. Although victim is minor but nothing was stated by her against the applicant to constitute the offence under Section 376 IPC at the time of medical examination. She denied from medical examination on the ground that no offence of rape has been committed by the applicant. Referring to the statement recorded under Section 161 Cr.P.C. it was also argued that nothing was stated by the victim to constitute the offence under Section 376 IPC. For the first time in the statement under Section 164 Cr.P.C. victim levelled offence of rape. Referring to the above facts it is also argued that victim has developed a different story at the stage of statement under Section 164 Cr.P.C. on the pressure of her family members. The applicant has no criminal history. He is languishing in jail since 4.4.2018 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 Deepak involved in Case Crime No. 412 of 2018, under Sections 363, 366, 376, 120-B, 506 I.P.C. and Section 7/8 POCSO Act, P.S. Jagdishpura, District Agra 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 :- 31.5.2019 Sachdeva