Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18002 of 2019 Applicant :- Jitan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of the learned counsel for the applicant is that along with other accused applicant was summoned to face trial for the offence under Section 452, 376, 354, 504, 506 IPC and Section 8 POCSO Act. Incident is said to have taken place on 6.6.2017. One FIR was lodged on 8.6.2017 by the husband of the complainant regarding the offence said to have been committed on 6.6.2017 but nothing was disclosed in that FIR about the offence said to have been committed on 7.6.2017. Referring to the above facts itis also argued that another FIR was lodged on 25.6.20917 regarding the offence dated 25.6.2017 itself but nothing was mentioned in the FIR about the offence dated 7.6.2017. Referring to these facts it is further argued that complaint was filed on 17.10.2017 on the basis of legal advise. No such incident ever took place nor the applicant was involved in the aforesaid offence. He is languishing in jail since 10.2.2019 in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Jitan involved in Case Crime No. 129 of 2017, under Sections 452, 376, 354, 504, 506 I.P.C. and Section 8 POCSO Act, P.S. Koshikalan, District Mathura 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 the 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.
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 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.
Order Date :- 29.4.2019 Sachdeva