Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48638 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Dinesh seeks bail in Case Crime No. 248 of 2018, under Sections 452,376,511, 323,506 IPC and section 8 POCSO Act , Police Station Pilua , District Etah.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and being falsely implicated in the present. It is argued that the version of first information report, statement under Section 161 Cr.P.C. and version of the victim in her statement under section 164 Cr.P.C. are self contradictory. The victim in her statement under Section 161 Cr.P.C. alleged that when she was going towards her home after collecting wooden sticks, the applicant took the bundle of wooden sticks from and carried the same to her house and when she went to keep the same on roof of her house, the applicant came there and caught hold her and this incident was seen by her cousin sister also. She further alleges that the incident was told to her father. It is also alleged by the victim that she knew the applicant from much before and he resides near her house.Whereas, in her statement recorded under section 164 Cr.P.C, the victim stated that the applicant firstly undressed her and thereafter, being himself also in undressed position, slept over her.It has been further submitted that applicant is in jail since 23.10.2018 having no other criminal history to his credit.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2018 Shahid