Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43225 of 2021 Applicant :- Govind Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Mishra,Mahendra Kumar Counsel for Opposite Party :- G.A.,Rajeev Mishra
Hon'ble Om Prakash-VII,J.
Heard Saroj Kumar Tiwari, learned Advocate holding brief of Sri Dharmendra Kumar Mishra, learned counsel for the applicant, Sri Rajeev Mishra, learned counsel appearing for the informant and 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. He has not committed the present offence. It is further argued that no prima facie case is made out against the applicant. Nothing was stated by her in the statement under Section 164 Cr.P.C. to attract the offences levelled in the matter and further argued that the applicant is in jail since 15.08.2020 having no criminal history.
On the other hand, learned AGA as well as learned counsel for the informant 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, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 164 Cr.P.C., 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 Govind Sahani involved in Case Crime No. 674 of 2020, under Sections 363, 366, 376 I.P.C. and Section 5/6 POCSO Act, 2012, P.S. Kaimpiyarganj, District Gorakhpur 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 following 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 :- 21.12.2021 Sachdeva