Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7279 of 2019 Applicant :- Munesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Ist and 2nd supplementary affidavits filed on behalf of applicant are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant who is involved in case crime no. 191 of 2018, under Sections 363, 366, 376 I.P.C. & 3/4 the Protection of Children from Sexual Offence Act, 2012, P.S. Gangiri, District-Aligarh, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated in this case. As per prosecution case as mentioned in the F.I.R. lodged by the father of the victim on 14.08.2018 regarding the alleged incident dated 10.08.2018 that her daughter Preeti/prosecutrix had gone with Guddi Devi (mother of the applicant) outside the house to attend the call of nature on 10.08.2018, from where co-accused Monu enticed away the victim Preeti. It is submitted that as per the statement under Sections 161 Cr.P.C. as well as 164 Cr.P.C., the role of helping to the main accused Monu has been assigned to the applicant. It is further submitted that the victim in her statement under Section 164 Cr.P.C. has in cursory manner made allegation of rape against the applicant but her statement was also recorded by the doctor at the time of her medical examination on 20.08.2018, where she has stated that she was in love relation with Munesh (applicant) for one year. She had also love affair with Monu through Munesh. They had sexually intercourse with her for one year. On 10.08.2018 applicant Munesh took her from her house at about 05.30 p.m. and left her on Kasganj Bus Station, from there she went with co-accused Monu by bus to Jaunpur. They stayed there for three days in a hotel, from where they went to Kota via train and stayed there for one day. It is further submitted that in the medical examination report, age of prosecutrix is mentioned as 17 years. Lastly it is submitted that main allegation is against the co-accused Monu and considering the facts and circumstances of the case in totality, it is apparent on record that prosecutrix was consenting party with co-accused Monu. Since the applicant is closely associated with co-accused Monu being his friend and helped her in the love affair between co-accused Monu and prosecutrix, therefore, he has been falsely implicated in this case. It is also submitted that the Investigating Officer submitted final report in respect of co-accused Guddi Devi and the applicant is languishing in jail since 13.09.2018, therefore, he is entitled to be released on bail.
Per contra 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 and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Munesh be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 21.2.2019/AKT