Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27205 of 2021 Applicant :- Manoj @ Chottu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ujjawal Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Alleged incident has been shown of 15.03.2021 but FIR has been lodged after about 12 days on 27.03.2021. It has been submitted that though as per prosecution version, age of victim is stated 11 years but no satisfactory document regarding age of victim has been shown. It was submitted that the allegation against applicant that he did obscene activity with victim girl is false and baseless. It was submitted that in fact there was money dispute between the parties, as applicant has given amount of Rs.10,000/- to the father of victim, which was not returned back and applicant was falsely implicated due to that reason. It was further submitted that only allegation against applicant is of 'chedchar'. It has been submitted that the applicant is languishing in jail since 28.03.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim has made allegation against applicant that he has outraged her modesty.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Manoj @ Chottu involved in Case Crime No.0186 of 2021, under Sections 452, 354 and 506 IPC 1861 r/w Section 9/10 POCSO Act, 2012, P.S. Kotwali Nagar, District Banda, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 Neeraj