Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 982 of 2020, under Sections 376, 511 IPC, Police Station Soraon, District Prayagraj, during pendency of trial.
Learned counsel the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the medical report, the age of the victim is between 18-20 years and she is a major.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of victim recorded under Section 164 Cr.P.C., in which, she has categorically stated that the applicant tried to commit rape upon her and when she raised alarm, the applicant ran away from her house.
Learned counsel for the applicant has next submitted that the applicant has already been granted bail under sections 354B, 504, 506 IPC and 7/8 POCSO Act.
It is next submitted that the applicant is in jail since 01.11.2020 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. and learned counsel for the first informant has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 11.01.2020 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Imran @ Mohammad Sadab be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 25.1.2021 v.k.updh.