Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11776 of 2019 Applicant :- Jokhir Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,D,S,Pandey
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned counsel for the informant as well as 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. FIR was lodged in this matter on 13.10.2018 at 10:52 hrs regarding the offence said to have been committed on the same day at 10:32 hrs within twenty minutes of the incident. Distance between the place of occurrence and police station is about six kilometres. It appears improbable and unbelievable that informant would have cover six kilometres within twenty minutes preparing a written report. It is further submitted that initially FIR was lodged for the offence under Sections 452, 354 IPC and Section 7/8 POCSO Act. Nothing was mentioned in the FIR to attract the offence under Section 376 IPC. Referring to the entire evidence, it is next contended that present prosecution was started on the basis of false facts. Medical evidence does not support the oral version. The applicant has no criminal history. He is languishing in jail since 15.10.2018 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 as well as learned counsel for the informant argued that although nothing is mentioned in the FIR to attract the offence under Section 376 IPC yet when victim was examined under Section 164 Cr.P.C. has clearly levelled of offence of rape against the present applicant.
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 Jokhir involved in Case Crime No. 302 of 2018, under Sections 452, 354, 376, 506 IPC and Section 3/4 POCSO Act, P.S. Rabupura, District - Gautam Budh Nagar 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 :- 29.4.2019 Sanjeet