Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28490 of 2021 Applicant :- Deepu Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- Pankaj Kumar Sharma
Hon'ble Sanjay Kumar Singh,J.
1- Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
2- The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 508 of 2020, under Section 376(3) I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station-Kishni, District-Mainpuri, during the pendency of trial.
3- As per the prosecution case in brief, the complainant, who is father of the victim has lodged F.I.R. on 17.11.2020 regarding an incident which took place on 16.11.2020 against the applicant for the offence under Section 376 I.P.C. and 3/4 POCSO Act.
4- The main substratum of argument of learned counsel for the applicant is that though the victim in her statement during investigation has made the allegation of rape against the applicant, but when she was examined before the trial court as P.W.-2, she did not make allegation of rape against the applicant and also stated that Deepu (applicant) was not there at the time of the incident. It is also pointed out that the complainant, who is father of the victim and aunt of the victim (Bua) have also been examined before the trial court as P.W.-1 and P.W.-3, but they have also not supported the prosecution case and, therefore, they have been declared hostile by the prosecution before the trial. On the strength of aforesaid facts it is argued that now there is bleak chance of conviction of the applicant, who has no criminal history to his credit and is languishing in jail since 18.11.2020. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5- Per contra, learned A.G.A. has opposed the prayer for bail of the applicant reiterating the F.I.R. version, but does not dispute the aforesaid factual aspects of the matter as argued on behalf of the applicant.
6- After having heard the arguments of learned counsel for the parties, I find that the victim did not make allegation of rape against the applicant before the trial court and complainant as well as aunt (Bua) of the victim have also been declared hostile as they have not supported the prosecution case. Therefore, considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
7- Let the applicant Deepu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
8- It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 6.10.2021 Sunil Kr. Gupta Digitally signed by SANJAY KUMAR SINGH Date: 2021.10.06 16:15:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad