Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34714 of 2018 Applicant :- Jagbhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jai Singh Yadav, learned counsel for the applicant, and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against one co-accused Suresh and three other unknown persons alleging that his minor daughter aged about 13 years had been enticed away by them when she had had gone to answer the call of nature after attending the marriage party on 11.5.2018 in the late night.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR and he has no role to play in the present case.According to the medical report the age of the victim has been determined to be about 17 years and neither there is any internal injury nor external injury on the person of the victim. The main role has been assigned to the main accused Suresh and the prosecutrix had love affairs with him. She had gone with the co-accused Suresh out of her won volition and she was not enticed away by him. The FIR is unduly delayed for two days for which no plausible explanation has been given by the prosecution. In her statement recorded under section 164 Cr.P.C. the victim has not levelled any kind of sexual assault against the applicant.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.6.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Jagbhan .involved in Case Crime No. 101 of 2018, under Sections 363, 364/34 I.P.C & sec.3/4 POCSO Act, P.S Jakhaura, District- Lalitpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of production of certified copy of the order, if there is no legal impediment, keeping in view the law laid down by the Apex Court in the case of AlakhAlok Srivastava Vs. Union of India and another reported in AIR 2018(SC) 2004 Order Date :- 14.9.2018 IA