Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is the second bail application. The First bail application was rejected by this court vide order dated 20.11.2019 passed in Bail No.8071 of 2019, Mukesh vs. State of U.P.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The First Information Report has not been lodged by the father of the victim rather by somebody else. In the First Information Report the name of the complainant is mentioned as Deep Narayan Verma, S/o Abhishek Patel whereas the complainant Deep Narayan Verma is son of Sant Ram Verma.
It is next contended that the complainant while giving statement before the court has clearly stated that he has given a written report on 1.12.2018 at the police station and he has not given any other written report on 3.12.2018. The first information report has not been lodged on the basis of the written report given by the complainant on 1.12.2018 in his writing and signature and written report given by the complainant is not available or misplaced from the record of the police. The medical examination of son of the complainant has been conducted after 13 to 14 days of incident. Learned counsel for the applicant submits that occurrence took place on 1.12.2018 and medical was done on 11.12.2018. As per the medical report, the injuries are more than seven days old. Therefore, it cannot be related to the incident as narrated in the First Information Report on 1.12.2018. The entire prosecution case set up in the First Information Report stands falsified by the statement of the complainant and the present First Information Report has not been lodged by the said complainant neither the same has been lodged on the basis of written report given by him as stated by the complainant himself. The applicant is in jail since 8.12.2018. The applicant has no previous criminal history.
It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts that applicant has no criminal history and he is in jail since 8.12.2018 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Mukesh involved in Case Crime No. 276/2018, under Section 377 I.P.C. and Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Kotwali Utraula, District Balrampur, 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 29.1.2021 Madhu