The applicant has filed bail application in reference to Case Crime No. 768 of 2017 registered for offences under Sections 363, 366, 376 Indian Penal Code and 3/4 POCSO Act, Police Station Gomti Nagar, District Lucknow. The first bail application of the applicant was rejected on 13.08.2018.
Learned counsel for the applicant submits that the prosecutrix did not make any allegation against the applicant for commission of offence while her statement was recorded under Section 161 Cr.P.C. However, the allegation for committing the offence under Section 376 Indian Penal Code was made in the statement under Section 164 Cr.P.C. The statement of the prosecutrix was thereafter recorded in the trial. In her examination-in-chief, she maintained the allegation for commission of the offences under Sections 376 Indian Penal Code and 3/4 POCSO Act but in the cross-examination, she denied the commission of offence by the accused. The prayer is, accordingly, to enlarge the applicant on bail who is behind the bar since 02.07.2017 and the trial is likely to take time.
Learned AGA has opposed the bail application.
I have considered the rival submissions of the parties and perused the record.
After going through the evidence available on record, I find a case in favour of the applicant for grant of bail. Accordingly, the bail application is allowed. At this stage, I am not making any comment on the facts of the case because it may otherwise affect either of the parties in the trial.
Let the applicant Jitendra Kumar Pal be released on bail on his executing personal bond and furnishing two sureties of Rs. 25,000/- each to the satisfaction of the court concerned in Case Crime No. 768 of 2017 registered for offences under Sections 363, 366, 376 Indian Penal Code and 3/4 POCSO Act, Police Station Gomti Nagar, District Lucknow, on the following conditions :-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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 applicant to prison.
Order Date :- 18.8.2021 Shubham (Munishwar Nath Bhandari, A.C.J.)