Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37886 of 2018 Applicant :- Krishna Kumar Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Deo Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Krishna Kumar Patel in connection with Case Crime No. 302 of 2017 under Sections 354A, 325, 504, 452, 376, 511 IPC and Section 7/8 Protection of Children from Sexual Offences Act, P.S. Chetganj, District Varanasi.
Heard Sri Devendra Deo Gupta, learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA along with Sri Mayank Awasthi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the allegation of attempted rape against the applicant and other offences are the result of indignation of the family members of the prosecutrix who appear to have been distressed by the fact that the applicant was talking to the prosecutrix when her sister- in-law came back home. The learned counsel for the applicant has invited the attention of the Court to the deposition of the prosecutrix recorded during trial wherein she has deposed as PW-1. The said trial is Special S.T. No. 74 of 2018 pending before the Court of 2nd Additional Sessions Judge, Varanasi. A perusal of the deposition of the prosecutrix shows that it is absolutely exculpatory and explains the circumstances under which the statement under Section 164 Cr.P.C. was made by the prosecutrix before the Magistrate. It is argued by the learned counsel for the applicant that he is a young man with no criminal history and a student of LL.B. Vth Semester.
Learned AGA has opposed the prayer for bail and submits that the statement under Section 164 Cr.P.C. is inculpatory. The contrary stand during trial cannot be looked into.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing in the case, in particular, the evidence of the prosecutrix recorded during trial in the dock that includes her examination-in-chief and cross examination dated 14.06.2018 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Krishna Kumar Patel involved in Case Crime No. 302 of 2017 under Sections 354A, 325, 504, 452, 376, 511 IPC and Section 7/8 Protection of Children from Sexual Offences Act, P.S. Chetganj, District Varanasi be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 12.10.2018 Deepak