Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31617 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Kumar Pandey,Kalp Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Vinod Singh, Advocate holding brief of Shri Ashutosh Kumar Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Victim has not supported the prosecution case in the statement recorded under Section 161 Cr.P.C.. When informant was subsequently interrogated by the Investigating Officer, he has also not supported the prosecution case. Referring to the entire evidence, it is further submitted that victim herself has denied the medical examination. Entire prosecution case is based on false facts and is improbable and unbelievable. At this juncture, learned counsel for the applicant referred to the statement of the informant recorded subsequently and argued that offence under Section 376 and 511 IPC is not attracted in the present matter. The applicant has no criminal history. He is languishing in jail since 04.03.2018 and 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of 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 Jitendra involved in Case Crime No. 98 of 2018, under Sections 323, 376, 504, 506, 511 IPC and Section 3/4 POCSO Act, P.S. Tundla, District - Firozabad 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 following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 25.6.2019 Sanjeet