Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30016 of 2020 Applicant :- Manish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Tiwari Counsel for Opposite Party :- G.A.,Neeraj Seerotiya,Sayyed Kashif Abbas Rizvi
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Manish, in Case Crime No. 628 of 2019, under Sections 363, 323, 376-D, 506 IPC and Section 5 (g)/6 of POCSO Act, Police Station Shahganj, District Agra.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 3.2.2020 ; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; he was not named in the first information report nor in statement under sections 161 and 164 of Cr.P.C., of prosecutrix; subsequently in the subsequent statement of informant name was depicted, what was the means of this getting name of applicant, is not there; neither any identification parade was got conducted, nor it was mentioned; it is a false implication. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that prosecutrix is minor, a tiny girl of 12 years having injury of sexual violence over her person.
Having heard and gone through materials placed on record, it is apparent that name of applicant was neither there in first information report, which was got lodged with a considerable delay on 7.11.2019 for occurrence of 2.11.2019, nor it was in the statement under sections 161 or 164 of Cr.P.C., of prosecutrix; he is of no criminal antecedent.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Manish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable 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.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.7.2021 Ravi Prakash