Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42456 of 2021 Applicant :- Pankaj Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Mohammad Khalid
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 139 of 2020 under Sections 363, 366, 376D IPC & Section 3/4 of POCSO Act, police station Asmauli, District Sambhal with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. In the statement under Section 161 Cr.P.C. also victim has not named the applicant and at that time she has stated that she was enticed away by co-accused Rinku along with one other boy. It was stated that applicant is residing in same village and if he might have been involved in incident, the victim must have named him in her statement under Section 161 Cr.P.C. It was stated that involvement of applicant has been shown on the basis of statement of victim, recorded under Section 164 Cr.P.C., wherein she has stated that applicant and co-accused Rinku have committed rape upon her. It was stated that said statement was recorded after three months of incident and that her allegations are thoroughly false. During investigation Police have not found any case against applicant and thus applicant was exonerated and charge sheet was submitted only against co- accused Rinku. It has stated that court below while taking cognizance on the charge sheet, which was filed against co- accused Rinku, has also taken cognizance against applicant and has summoned him vide order dated 04.11.2020. It has further been submitted that co-accused Rinku @ Sumit Bardwaj, who was chargesheeted, has already been granted bail by co-ordinate Bench of this Court vide order dated 18.03.2021 passed in Criminal Misc. Bail Application No. 43933 of 2020 and that case of applicant is on better footing than that of co-accused Rinku. It has further been argued that the applicant is in judicial custody since 13.09.2021, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Pankaj Kumar Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak