Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24676 of 2021 Applicant :- Firangi Singh @ Guddu Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Raj Singh,Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Criminal Misc. Exemption Application No.1 of 2021 is allowed. Despite service of notice, none present for the informant.
Heard Sri Rajeev Kumar Saxena, 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 not committed present offence. He has been falsely implicated in this case. Applicant is not named in the F.I.R. Nothing has been stated by the victim against the applicant in the statement recorded under section 161 Cr.P.C. For the first time, in the statement recorded under section 164 Cr.P.C., victim has levelled the allegation against the applicant of committing the offence of rape. Referring to the statement recorded under section 164 Cr.P.C., it is further argued that this statement was made by the victim due to pressure of family members. If entire prosecution case is taken into consideration, then also only offence under sections 363, 366 IPC will be attracted against the applicant. It is further argued that applicant has no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, 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 Firangi Singh @ Guddu Singh involved in Case Crime No.545 of 2020, under Sections 363, 366, 376-D, 504 IPC, 3/4 POCSO Act and 3 (1) Dha, 3 (2) 5 S.C./S.T. Act, P.S. Ajeetmal, District - Auraiya 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. The applicant will not pressurize/ intimidate the prosecution witness.
2. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
3. 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 26.10.2021 ss