Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23097 of 2021 Applicant :- Lakshya Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none appeared for the informant. Exemption application is allowed.
Heard Sri Amit Kumar, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that no prima facie case is made out against the applicant. Victim was major. Looking to the contents of the FIR it was further argued that victim went from his house along with jewellery and cash. This fact itself shows that she left her house at her own freewill. It is also argued that there is contradictory statement on the point of recovery. It is also argued that in the FIR date of offence is disclosed as 12.12.2020 whereas victim in her statement under Section 161 and 164 Cr.P.C. disclosed the date of offence as 13.12.2020. Looking to the aforesaid fact, it was further argued that in fact no such incident ever took place. Present FIR was lodged on the basis of false facts. At this juncture learned counsel for the applicant referred to recovery memo and further argued that in fact police concerned has recovered the victim girl. Statement under Section 164 Cr.P.C. is contrary to this fact and in fact the applicant was falsely implicated in this case. He is in jail since 19.12.2020 having no criminal history. 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 argued that victim was minor. She has clearly and categorically supported the prosecution case in the statement under Section 161 and 164 Cr.P.C. to attract the offence under Section 376 IPC. It was further argued that minor contradiction occurred in the prosecution case do not affect the material point stated by the victim. A prima facie case is made out.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 164 Cr.P.C., 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 Lakshya involved in Case Crime No. 1719 of 2020, under Sections 363, 376 I.P.C. and Section 3/ 4 POCSO Act, P.S. Kavi Nagar, District Ghaziabad 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 the following conditions :
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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 :- 7.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.07 13:54:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad