Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41584 of 2018 Applicant :- Naubahar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and Sri J.B. Singh, learned AGA along with Sri Rohit Pandey, appearing on behalf of State.
This is a bail application on behalf of the applicants Naubahar and Sajid in connection with Case Crime No.1422 of 2018, under Sections 452, 376, 34 IPC, P.S. Lisari Gate, District Meerut.
The submission of learned counsel for the applicants is that they have been falsely implicated on account of the proverbial village hostilities. It is pointed out by the learned counsel for the applicants that in the statement under Section 164 C.P.C. the prosecutrix has categorically come up with a case that no-one has ravished or beaten her; she does not know who reported the matter to the police. It is submitted that the aforesaid statement recorded on 22.04.2018 before the Judicial Magistrate knocks out the bottom of the prosecution case.
Learned AGA have opposed the prayer for bail but does not dispute the fact that the statement under Section 164 Cr.P.C. is exculpatory. He additionally points out that the age of the prosecutrix is 19 years on account of which offences punishable under the POCSO Act have been omitted.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the statement under Section 164 Cr.P.C. that is exculpatory, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Naubahar and Sajid involved in Case Crime No.1422 of 2018, under Sections 452, 376, 34 IPC, P.S. Lisari Gate, District Meerut be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.10.2018 Neeraj