Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49273 of 2020 Applicant :- Jubair Opposite Party :- State of U.P.
Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
List has been revised.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. None is present for the informant despite service of notice.
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. It is next contended that the offence as alleged are not attracted. It is further argued that even if the entire prosecution case is taken into consideration then at most Section 354 IPC will be attracted. Learned counsel for the applicant referring to the statement of the victim recorded under Section 161 and 164 Cr.P.C. further argued that the same is based on advise and after thought. It is next argued that no prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 16.10.2020 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, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 161/164 Cr.P.C., the medical evidence 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 Jubair involved in Case Crime No. 356 of 2020, under Sections 354, 506, 376, 511 IPC and Section 7/8 and 18 POCSO Act, P.S. Chhajlet, District - Moradabad 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 :- 28.10.2021 Faraz