Supplementary affidavit filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in first information report and that even in her statement under Section 161 Cr.P.C., victim girl has not named the applicant. Learned counsel submitted that only the allegation against the applicant in statement of victim girl under Section 164 Cr.P.C. is that when the co-accused has taken her to Jeevangarh, applicant has also gone there. It has been submitted that there are no allegations of kidnapping or of rape against the applicant and that victim has not made any incriminating statement against the applicant. It has also been submitted that similarly placed co-accused Dafik has already been granted bail by co-ordinate Bench of this Court vide order dated 10.12.2020, passed in Criminal Misc. Bail Application No. 45111 of 2020. It was submitted that criminal history of two cases shown against the applicant, has been duly explained in supplementary affidavit. It has been further submitted that the applicant is languishing in jail since 14.10.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Jaun @ Rihan @ Osama involved in Case Crime No. 1250 of 2020, under Sections 363, 366A, 376D, 342, 368 and 506 IPC and 5/6 POCSO Act, P.S. Kotwali Nagar, District Bulandshahr, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5.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 them 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.
Order Date :- 11.1.2021 A. Tripathi