Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9888 of 2020 Applicant :- Hitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Deepak Kumar Kulshrestha
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Hitendra, has prayed to release him on bail in Case Crime No.253 of 2019, under Sections-363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station-Shamsabad, District Agra.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 25.10.2019. He is of no criminal antecedent. Prosecutrix in her statement recorded under Section 161 Cr.P.C. has said nothing against the applicant. Rather she has categorically said to be at Delhi under her own volition. She has been held of 16 years in medical age determination and while being in custody of her parents this development was there wherein, accusation of rape has been made in statement under Section 164 Cr.P.C., that too is not against the applicant rather, against brother of the applicant. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
Even after notice, to the informant, none appeared on his behalf to oppose.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that prosecutrix in her statement under Section 161 Cr.P.C. has said nothing against the applicant rather, she has said that she went Delhi under her own volition. Considering the nature of accusations, severity of the punishment in the case of conviction but 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.
Let the applicant, Hitendra, 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 :- 6.1.2021 Deepak/