Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39571 of 2019 Applicant :- Mintu @ Rakesh Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. B. Narayan Singh, learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant-Mintu @ Rakesh Vishwakarma seeking his enlargement on bail in Case Crime No. 108 of 2017 (State vs. Mintu @ Rakesh) under Sections 354, 376/511, 323, 504, 506 IPC and Sections 3/4 of Protection of Children From Sexual Offence Act, Police Station-Shyamdeurawan, District-Mahrajganj during the pendency of the trial of the above mentioned case crime number.
It transpires from the record that an incident occurred on 30.1.2017 at about 12.30 p.m. in respect of which an application under section 156 (3) Cr. P. C.was filed before the Magistrate. The same was allowed and in pursuance of the order passed by the concerned Magistrate, an F.I.R. dated 26.3.2017 came to be registered as Crime No. 106 of 2017, under Sections 354, 376/511, 323, 504, 506 IPC and Sections 3/4 of Protection of Children From Sexual Offence Act, Police Station-Shyamdeurawan, District-Mahrajganj. In the aforesaid F.I.R. the present applicant was nominated as the solitary named accused. Subsequent to the aforesaid F.I.R., the statement of the victim was recorded under Section 161 Cr. P.
C. on 28.3.2017 and thereafter under Section 164 Cr. P. C. on 6.4.2017. As per the prosecution story as unfolded in the F.I.R., it appears that the present applicant was alleged to have committed criminality upon the victim, which has been drawn dealing with this criminality as specified by the victim in her statement under section 161 Cr. P. C. as well as under section 164 Cr. P.C.
Learned counsel for the applicant submits that the applicant is the neighbour of the victim. There is previous enmity between the parties. He further submits that except for the statement of he victim as recorded under Sections 161 and 164 Cr. P. C., there is no other evidence to support the prosecution story.
Lastly, it is submitted that the manner in which the F.I.R. has been lodged and also from the contents of the F.I.R., it is explicit that the present applicant has been falsely implicated. The applicant is innocent and in jail since 8.8.2019. It is also submitted that the Learned A.G.A. opposed the prayer for bail. However, he could not dispute the factual submissions urged by the learned counsel for the applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Mintu @ Rakesh Vishwakarma be released on bail in the aforesaid Case Crime Number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 26.9.2019 HSM