Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24091 of 2018 Applicant :- Moti Chand Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav,Rajesh Maurya Counsel for Opposite Party :- G.A.,Raghvendra Prakash
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Raghvendra Prakash, learned counsel for the informant.
The submission is that the applicant and his son were implicated in this case under alleged sections regarding offence against the minor, aged about 4 years. In the first information report there is allegation of rape being committed by the son of the applicant, Neeraj, who was found to be juvenile and has been enlarged on bail on that ground. A perusal of the statement of the victim under Section 164 Cr.P.C shows that she has not made any allegation of rape but has only alleged the violation of private part of the victim by hands. There is also evidence of enmity between the applicant and the family members of the victim and cases have earlier been lodged by the applicant against the family members of the victim. The applicant is in jail since 19.04.2018 On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 Moti Chand, involved in Case Crime No.73 of 2018, under Sections 323, 364, 376 IPC and under Section 3/4 POCSO Act, Police Station Atraulia, District- Azamgarh 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.
Learned counsel for the informant has informed that the charges have already been framed against the applicant by the Trial Court. It is expected that the Trial Court shall proceed and conclude the trial within a period of two years from the date of production certified copy of this order.
Order Date :- 30.5.2019 SS