Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per office report dated 20.12.2019 notice on opposite party no. 2 has been served but no one has put in appearance.
The submission is that the age of the victimand permedical report is 16 years. Given margin of two years onthe higher side she can beconsidered to be major. Theapplicant has beenfalsely implicated in the present case due to old enmity in between the parties. Father of applicant lodged a first information report against sons of oppositeparty no. 2, namely, Sandeep and Pradeep and two others on 05.07.2019 as Case Crime No. 166 of 2019, under Sections- 323, 504, 506 IPC at Police Station, Paniyara, District- Maharajganj in respect of incidentwhich took place on 28.06.2019 at 14:00 hours in which due to old enmity the accused persons abused and beaten to the applicant by legs, fists and lathi-danda and he sustained injuries and accused persons alsothreatened him for life. The applicant is wholly innocent and he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in the present case due to enmity and ill-will of opposite party no. 2 and local politics.
It is further submitted that in the medicalreport thedoctor has notfound any sign ofgenital injury on the body ofthe victim. The applicant is in jail since 02.08.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Kamare Aalam, be released on bail in Case Crime No. 156 of 2019, under Sections- 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station- Paniyara, District- Maharajganj, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Rohit