Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49915 of 2019 Applicant :- Manoj Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Tiwari,Sudhir Bharti Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 17.12.2019, notice upon opposite party no.2 has been served but no one has put in appearance on his behalf.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the victim is daughter of the sister-in- law(sali) of the applicant. She was living with the applicant and his wife in one room apartment. It has been submitted that the mother of the victim was supported by the applicant and on account of dispute regarding money the mother of the victim was asked the mother of the victim to leave the home. The applicant was the tenant of the aforesaid room. After being asked by the applicant to leave the room the informant has implicated the applicant through her minor daughter. The doctor has not found any sign of rape on the body of the victim. No injury whatsoever has been found in the medical report. The victim is minor but it is submitted that she has falsely implicated the applicant as the victim was tutored by her mother. It has been further submitted that the brother of applicant has received a mobile message of the informant wherein she has stated that in case applicant gives Rs.70,000/- to her she will withdraw the case. The applicant is in jail since 13.06.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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 Manoj involved in Case Crime No.924 of 2019, under Sections 376, 511, 506 IPC and 5/6 POCSO Act, Police Station Sihani Gate, District- Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 17.12.2019 SS