Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53485 of 2021 Applicant :- Mohan Lal Alias Chhotu Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Jai Prakash Rai,Om Prakash,Rajesh Tewari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 11.04.2021, when father of the victim was not at home, she went to attend nature's call at about 11 0' clock in the night where applicant with co-accused Kundan Lal was lurking. He took away the victim and raped her. An FIR was lodged by the mother of the victim through an application u/s. 156 (3) Cr.P.C. on 20.07.2021.
It is submitted that the applicant is innocent and has been falsely implicated in this case. He has committed no offence. Further, he submitted that father of the victim committed rape with the wife of the applicant on 09.04.2021 regarding which an FIR was lodged in the police station concerned as Case Crime No. 105/2021 under section 376-D I.P.C. There is no injury found on the person of the victim during medical examination. No other evidence is on record indicating commission of rape with her. There is no criminal antecedents against the applicant. Due to previous enmity, he has been named in this FIR. The applicant is in jail since 06.09.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that there is an FIR registered against the father of the victim for commission of rape on the wife of the applicant, 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 Mohan Lal Alias Chhotu involved in Case Crime No.106 of 2021, under Sections 366, 376-D, 506 I.P.C.
& 3/4 POCSO Act, 2012, P.S. Haliya, District Mirzapur 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 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.
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 :- 20.12.2021 Madhurima