Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Nageshwar Ganesh Dutt Samrat Pandey seeks bail in Case Crime No. 202 of 2020, under Sections 363, 366, 376, 504, 120-B IPC and section 3/4 of POCSO Act, P.S. Kalyanpur, District- Fatehpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per the medical opinion, the victim is aged about 19 years. Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded u/s 161 Cr.P.C. in which she has categorically stated that one Awadhesh had taken her to Gurgaon and there is no specific allegation in the present incident against the applicant and even in the statement recorded u/s 164 Cr.P.C. no allegation of rape has been made against the applicant.
Learned counsel for the applicant has next submitted that applicant is in jail since 2.12.2020 and has no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing from the judicial process or tampering the evidence and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 case for bail.
Let applicant Nageshwar Ganesh Dutt Samrat Pandey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 22.1.2021 KU