Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2798 of 2019 Applicant :- Hariom @ Hariom Kashyap Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Hariom @ Hariom Kashyap seeks bail in Case Crime No. 82 of 2018, under Sections 363, 366 IPC, 3/4 POCSO Act read with Section 17 POCSO Act and Section 3(2) 5 SC/ST Act, P.S. Aliganj, District- Bareilly.
Learned counsel for the applicant has submitted that as per Ossification Test, the victim is aged about 19 years. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 Cr.P.C. in which she has stated that she had fallen in love with the applicant Hariom, however subsequently it was revealed that he was already married. She has further stated that subsequently applicant got her introduced to one Madan Pal and thereafter she had fallen in love with Madan Pal and on 21.5.2018 Madan Pal had taken her and kept her in a rented house at C.B. Ganj and Madan Pal committed rape upon her. In her statement under Section 164 Cr.P.C. the victim has stated that she had fallen in love with the applicant and when he came to know that he had already married, then Hariom and Raju sold her for a sum of Rs. 60,000/- to Madan Pal, who had committed rape upon her. Thus, there is sharp contradiction in the statements of the victim under Section 161 and 164 Cr.P.C, as such a prima facie a case for bail is made out. Lastly, it is submitted that applicant is in jail since 6.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit. The police report has already been filed and the chances of trial being concluded in near future is very bleak.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 6.10.2018 and police report has already been submitted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Hariom @ Hariom Kashyap be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.1.2019 KU