Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39087 of 2019 Applicant :- Lalit @ Chhotan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.,Agnihotri Kumar Tripathi
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present for the informant.
Heard Shri Amit Rai, 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. He has not committed the present offence. Victim has changed her version stage to stage. F.I.R. was lodged by the informant on the basis of information given by the victim herself. When she was interrogated under Section 164 Cr.P.C., she has changed her version. At this juncture, learned counsel for the applicant referred to the contents of the F.I.R. and statement of the victim recorded under Section 164 Cr.P.C. and further argued that in the F.I.R. it is mentioned that offence of rape was committed inside the house of the applicant whereas in the statement recorded under Section 164 Cr.P.C. offence of rape was said to be committed near the pond. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 20.06.2019 and 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 opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Lalit @ Chhotan involved in Case Crime No. 131 of 2019, under Sections 376, 323, 506 IPC and Section 3/4 POCSO Act, P.S. Purkazi, District - Muzaffar Nagar 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 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 27.7.2021 Sanjeet