Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18133 of 2019 Applicant :- Gulshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard 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 the present offence. Offence is said to have been committed on 12.7.2017 but the FIR was lodged on 28.10.2017. Although victim has supported the prosecution case in the statement recorded under Section 164 Cr.P.C. but when she was examined before the Court during trial she resiled with the earlier statement. At this juncture learned counsel for the applicant referred to the statement of the victim and statement of other prosecution witnesses and further argued that almost all the fact and material witnesses have been examined in the matter but they have not supported the prosecution case. Applicant was implicated in this matter only on the basis of suspicion. FIR was lodged after a gap of about two months belatedly. In fact no such incident took place, as alleged in the FIR. The applicant has no criminal history. He is languishing in jail since 5.11.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA 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, evidence, complicity of the accused 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 Gulshan involved in Case Crime No. 1514 of 2017, under Sections 376, 506 I.P.C. and Section 3/ 4 POCSO Act, P.S. Indirapuram, District Ghaziabad 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 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 :- 30.4.2019 Sachdeva