Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14808 of 2021 Applicant :- Guddu @ Ritesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However no one appears on behalf of the complainant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 0419/2020,under Sections 376(D), 504, 506 IPC and Section 3/4 of POCSO Act, police station Atrauli, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that alleged incident has been shown of 07.09.2020, but FIR of this case has been lodged by victim girl on 03.10.2020 and no satisfactory explanation for long delay in FIR has been given. It was further submitted that in her statements recorded under Sections 161 and 164 Cr.P.C., victim girl has not made any allegation of rape against applicant, rather the allegation of rape has been made against co-accused Ankit. It was submitted that the allegation of victim girl that applicant has prepared a video or that he has misbehaved with victim are thoroughly false and baseless. Learned counsel has submitted that in fact at the time of alleged incident applicant along with his family was residing in Delhi. Learned counsel has referred statements of some of the witnesses of the village, namely, Sonbeer Singh, Shyoraj Singh, Mahendra Pal, Lokman and many others and submitted that these witnesses have clearly stated that the family of applicant was residing in Delhi and at the time of alleged incident his house in the village was lying locked. It was submitted that some of the independent witnesses have also stated that applicant has been falsely implicated due to old enmity. It has been submitted that as per certificate issued by C.M.O., Aligarh, age of the victim girl is 17 years and that there are no allegation of rape against the applicant and that applicant is in judicial custody since 08.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Guddu @ Ritesh 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 will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.7.2021 Anand