Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2796 of 2016 Applicant :- Farman Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri,Arvind Srivastava,Pushkar Srivastava Counsel for Opposite Party :- G.A.,P.K.Tyagi
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No.479/2015 under Sections 363, 366, 504, 506, 376 IPC & 4 of POCSO Act police station Kotwali Dehat District Bulandshahar with the prayer to enlarge the applicant on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive; that as per medical examination report, the age of the victim is about 19 to 20 years; that there are vast contradictions in the statements of the victim recorded under Sections 161 & 164 Cr.P.C.; that the medical examination report does not support the case of the prosecution with regard to the allegation of rape; that the applicant has no previous criminal history; that the applicant is in jail since 18.7.2015 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Farman involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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 the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 6.9.2018 Anand