Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8594 of 2021 Applicant :- Manish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri R. K. Vaishya, learned counsel for the applicant, learned A.G.A for the State and perused the record.
This is Second Bail Application. First Bail Application was dismissed in default on 12.10.2020.
Submission of the learned counsel for the applicant is that FIR was lodged in the present matter only for the offence under Sections 363, 506 IPC and Section 3/4 POCSO Act by the brother of the victim and applicant was allowed on bail by another Bench of this Court through Criminal Misc. Bail Application No. 12900 of 2020 on 28.05.2020. Other offences levelled in the present matter were added during investigation. Applicant applied for bail before the court concerned but it was rejected. It was further argued that nothing has been stated by the victim in her statement recorded under Section 164 Cr.P.C. to attract the offence under Section 376 IPC. At this juncture learned counsel appearing for the applicant referred to the documents annexed with the application as well as statement of the victim recorded under Section 164 Cr.P.C. and further argued that applicant is in jail since 02.02.2020 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, as is evident from the record, applicant was allowed on bail for the offence under Section 363, 506 IPC and Section 3/4 POCSO Act. Other offences disclosed in the bail rejection order were addedd during investigation. Thus after analysing the entire evidence the court is of the opinion that applicant has made out a case for bail. The bail application is allowed.
Let the applicant Manish involved in Case Crime No. 10 of 2020, under Sections 366, 504, 376 (2)N IPC and Section 5/6 POCSO Act, P.S. Shergarh, District Bareilly 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 :- 11.5.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.05.11 14:05:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad