Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17194 of 2021 Applicant :- Manish @ Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puran Nath Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Om Prakash on behalf of informant is taken on record.
Heard Sri Puran Nath Shukla, learned counsel for the applicant, Sri Om Prakash, learned counsel for the informant, learned A.G.A for the State and perused the record.
Submissions of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. It has further been submitted that nothing was stated by the victim in her statement recorded under section 164 Cr.P.C. to attract the offence under section 376 I.P.C. At this juncture, learned counsel for the applicant referred to the statements of victim recorded under sections 161 and 164 Cr.P.C. and further argued that victim herself has stated in her statement recorded under section 164 Cr.P.C. that police has falsely recorded her statement. Thus referring to the aforesaid fact, learned counsel for the applicant argued that no prima facie case is made out against the applicant. He has been falsely implicated in this case and is in jail since 11.11.2020 having no criminal history.
On the other hand, learned AGA and learned counsel for the informant opposed the prayer for bail and argued that the victim is minor. Provisions of POCSO Act as well as other offences clearly attracted. She has supported the prosecution version in her statement recorded under section 161 Cr.P.C. Thus prayer for rejection of bail has been made.
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 particularly statement under section 164 Cr.P.C., complicity of accused and without expressing any opinion on 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 Manish @ Monu involved in Case Crime No.
634 of 2020 under Sections 363, 342, 376, 506 IPC & 3/4 POCSO Act P.S. Shivpur District Varanasi 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 self attested 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 :- 29.7.2021 Gss