Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7766 of 2021 Applicant :- Haroon Opposite Party :- State of U.P.
Counsel for Applicant :- Ch. Dil Nisar,Chandra Shekhar Mishra,Farid Ahmed,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.,Rohit Kumar Pandey
Hon'ble Om Prakash-VII,J.
Supplementary affidavit today is taken on record.
Heard Sri Farid Ahmed, learned counsel appearing for the applicant, Sri Rohit Kumar Pandey, learned counsel appearing for the informant, learned AGA 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 present offence. He has been falsely implicated in this case. FIR was lodged at belated stage on the basis of order passed on the application under Section 156(3) Cr.P.C. Referring to the statements of the victim and informant recorded during trial, it is also argued that they have not supported the prosecution case and were declared hostile. Cross-examination was also made by the prosecution but they did not support the prosecution case in the cross- examination also. Applicant is languishing in jail since 11.12.2020. Co-accused Mohd. Farukh having identical role has been allowed on bail vide order dated 22.01.2021 passed by coordinate Bench of this Court in Criminal Misc. Bail Application No. 4710 of 2021. Case of the applicant is on better footing. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel appearing for the informant opposed the prayer for bail and argued that a prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Haroon involved in Case Crime No.418 of 2020 under Sections 363, 376, 467, 468, 471, 354, 498-A IPC and Section 3/4 of POCSO Act, Police Station Kutubsher, District- Saharanpur 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 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. 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.
4. 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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Observations and submissions recorded in this matter are only for the purposes of deciding the bail application. Trial court will not be influence with the said observations/submissions while deciding the trial.
Order Date :- 26.10.2021 Ravi/-