Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28813 of 2021 Applicant :- Karu @ Kalicharan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.,Manish Kumar Kashyap
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Karu @ Kalicharan, in Case Crime No. 222 of 2020, under Sections 323, 504, 376 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station-Amanpur, District-Kasganj.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 08.11.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. FIR by way of an application moved u/s 156(3) Cr.P.C. was got registered on 24.10.2020 for occurrence of 18.03.2020 for offence punishable under sections 376, 323, 504 IPC and 3/4 Protection of Children from Sexual offences Act against Karu @ Kalicharan, Radhey, Laxman; it was a delayed report and result of case crime no. 37 of 2020, under Sections 323, 504, 506 IPC read with 3(1)(10) of SC/ST Act, wherein, husband of informant has been chargesheeted and this case was got registered by the applicant as a pressure tactics; this false case was got lodged, wherein, prosecutrix in her statement under Section 161 Cr.P.C., had said occurrence to be of 4.00 PM, but in the statement under Section 164 Cr.P.C., had said occurrence of 9.00 AM; it is material contradiction and no medical support of the occurrence is there, rather medical officer, in his statement under Section 161 Cr.P.C., has categorically said that nothing abnormalcy is there in the private organ of prosecutrix. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that time of occurrence is in variation in the statement under Section 161 and 164 Cr.P.C. of the prosecutrix.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Karu @ Kalicharan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 23.12.2021 Dhirendra/