Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18747 of 2020 Applicant :- Mahendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava,Faizan Siddiqui,Sheshadri Trivedi Counsel for Opposite Party :- G.A.,Sheetala Prasad Pandey
Hon'ble Om Prakash-VII,J.
Heard Shri Satish Trivedi, learned Senior Advocate assisted by Shri Sheshadri Trivedi, learned counsel for the applicant, Shri Sheetala Prasad Pandey, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned senior counsel appearing for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Learned senior counsel appearing for the applicant further submits that entire allegation levelled against the applicant is improbable and unbelievable. Incident is said to have taken in the midnight at about 12:30 AM in the house of the victim. Referring to the contents of the F.I.R. as well as statement of the victim recorded under Sections 161 & 164 Cr.P.C., it is further submitted that victim was sleeping inside the room along with her mother closing the door from inside. She herself has stated that she opened the door on call of the applicant, thereafter present offence was committed. Referring to the aforesaid facts, it is further submitted that it appears improbable and unbelievable that door of the house was opened in midnight by a girl without taking assistance of her mother. It is further submitted that no such type of incident took place.
F.I.R. was lodged on the basis of false facts. All the criminal cases shown as criminal history have been duly explained. No prima facie case is made out against the applicant. He is languishing in jail since 14.01.2020 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 as well as learned counsel for the informant opposing the prayer for bail argued that victim is minor. Medical evidence fully support the oral version. A prima facie case is made out against the applicant.
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 Mahendra Singh involved in Case Crime No. 0018 of 2020, under Sections 376, 506 IPC and Section 3/4 POCSO Act and Section 3(2)(V) SC/ST Act, P.S. Parsarampur, District - Basti 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 :- 5.4.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.04.05 15:31:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad