Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22836 of 2019 Applicant :- Nitesh Gaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today on behalf of informant by Shri Anand Tiwari, Advocate is taken on record.
Heard learned counsel for the applicant, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Though F.I.R. was lodged on the same day of incident, yet entire allegations levelled against the applicant are false. Different stories have been narrated by the informant and other witnesses during investigation. Referring to the provisions of Section 376 read with Section 511 IPC it is also submitted that said offences are not attracted in the matter. At the most, offence under Section 354 IPC is made out. At this stage, learned counsel for the applicant referred to the statement of victim recorded under Section 164 CrPC and submitted that she has changed her version at the stage of recording the statement under Section 164 CrPC. The applicant has no criminal history. He is languishing in jail since 9.3.2019and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposing the prayer for bail submitted that age of victim was 14 years. She has clearly supported the prosecution version in her statement recorded under Section 164 CrPC. A prima-facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Nitesh Gaur involved in Case Crime No. 75 of 2019, under Sections 376, 511, 354-B IPC and 7/8 POCSO Act, P.S. Mubarakpur, District - Azamgarh be released on bail on furnishing a personal bond and two heavy 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 he is accused, or suspected, of the commission of which he is suspected. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2019/safi