Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3180 of 2021 Applicant :- Monu @ Rudradev Opposite Party :- State of U.P.
Counsel for Applicant :- Dharam Raj Tripathi,Mewa Lal Shukla Counsel for Opposite Party :- G.A.,Ganesh Shankar Dubey
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that initially in this matter F.I.R. was lodged for the offence under Sections 354, 506 IPC and 7/8 POCSO Act by the mother of the victim on the basis of information given by the victim. No allegation for attempt to rape was levelled in it. Victim was interrogated under Section 161 CrPC but she has also not levelled any sort of such allegation. For the first time, in the statement recorded under Section 164 CrPC commission of offence 'attempt to rape' was levelled. It is further submitted that had the offence of 'attempt to rape' been committed by the applicant, same facts would have come in the F.I.R. as also in the statement under Section 161 CrPC. Criminal history has been properly explained. He is languishing in jail since 10.11.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that victim has supported the prosecution case in her statement recorded under Section 164 CrPC regarding commission of offence attempt to rape. She was minor. All the ingredients of alleged offences are available in the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, 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 Monu @ Rudradev involved in Case Crime No. 649 of 2020, under Sections 354, 506, 376/511 IPC 7/8 POCSO Act, P.S. Meja, District - Prayagraj 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 13.8.2021 safi