Despite service of notice, none is present for the informant.
Heard Shri S.S. Rathore, learned counsel for the applicant 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. No prima facie case is made out against the applicant. Informant is the father of the victim. F.I.R. was lodged after a gap of 9 days without any plausible explanation regarding delay. It is next contended that though age of the victim is about 15 years in the supplementary medical report yet nothing was stated by her in the statement recorded under Section 161 CrPC to attract the offence under Section 376 IPC. Referring to statement of the victim recorded under Section 164 CrPC it is also submitted that no specific word to attract the offence under Section 376 IPC has been stated by her in it. If entire prosecution case is taken into consideration then also it may be a case of outraging the modesty. The applicant has no criminal history. He is languishing in jail since 28.8.2020 and 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 AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, 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 Panjabi @ Abhay Pratap involved in Case Crime No. 336 of 2020, under Sections 452, 376, 506, 323 IPC and 3/4 POCSO Act, P.S. Kalan, District - Shahjahanpur 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.
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.
5. 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.8.2021 safi