Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7760 of 2019 Applicant :- Kajjan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Pandey,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Second supplementary affidavit filed today is taken on record.
Heard Mr. Nazrul Islam Jafri assisted by Shri Ajay Pandey, learned counsel for the applicant and Mr. Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant, Kajjan with a prayer to enlarge him on bail in Case Crime No.
266 of 2018, under Section 342, 376(D), 506 IPC and 3/4 POCSO Act, PS Karari, district Kaushambi.
The present FIR has been lodged due to enmity between the families of the applicant and victim. The applicant along with two others has been named in the FIR. Two persons have been exonerated in the charge sheet filed by the Investigating Officer. In the statement under Section 164 Cr.P.C. the victim has stated that the present FIR has been lodged at the behest of the parents of the victim. As per FIR, there are general allegations regarding the commission of rape, which has not been corroborated by the medical evidence. The age of the victim is about 15 years. Being a case of false implication counsel for the applicant prays that the bail may be granted in the matter. The criminal history of the applicant has been explained in paragraph 17 of the bail application and second supplementary affidavit.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 29.11.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira