Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7010 of 2019 Applicant :- Harendra Jat Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Harendra Jat has prayed to release him on bail in Case Crime No. 467 of 2016, u/s 363, 366, 343, 376-D I.P.C. and Section 3/4, 5/6 POCSO Act, P.S. T.P. Nagar, District Meerut.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. His name was not there in FIR rather FIR was against one Manish, who was said to have enticed and taken Roobi from home and it was sad to be witnessed by brother of Roobi. Subsequently, statement of Roobi was recorded under Section 161 and 164 Cr.P.C., in which she reiterated contention of FIR i.e. it was only Manish who committed rape with her and who enticed her and took her but owing to variation in statement recorded under Section 161 and 164 of Cr.P.C.,she was said to be re-examined under Section 161 Cr.P.C., in which she took the name of accused applicant and it was a false accusation, for which accused applicant is languishing in jail since long. He is of no criminal antecedents. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
First Information Report statement recorded under Section 161 and 164 Cr.P.C. reveals that name of accused applicant is not there till then there was no accusation against him. Subsequently, this prosecutrix in her re-examination under Section 161 of Cr.P.C., in which she took name of present accused applicant. Present accused applicant is of no criminal antecedents. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Harendra Jat, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable 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.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Kamarjahan