Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18333 of 2019 Applicant :- Pankaj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Gopal,Vidya Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Shri Tripurari Pal, Advocate on behalf of informant is taken on record.
Heard learned counsel for the applicant and learned counsel for the informant as well as 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. FIR was lodged on the basis of order passed on the application under Section 156(3) Cr.P.C.. Informant himself has admitted that marriage of the victim was to be solemnized along with accused-applicant but it was not materialized. Referring to the statement of the victim recorded under Section 164 Cr.P.C., it is next contended that victim stayed for about four months in the house of the applicant and during that period no complaint was made by her. At this juncture, learned counsel for the applicant also referred to the statement of the victim recorded under Section 164 Cr.P.C. again and argued that victim herself has admitted that her parents were requesting for Vidai of the victim but applicant family was not agree and lastly after four months when victim informed her mother on telephone, then parents came there and thereafter victim went at her parental home. Referring to the above facts, it is further submitted that no prima facie case is made out. The applicant has no criminal history. He is languishing in jail since 22.02.2019 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 as well as learned counsel for the informant argued that victim is minor. Physical relation was established by the applicant against her will. Thus, offence under Section 376 IPC is clearly 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 Pankaj Singh involved in Case Crime No. 099 of 2019, under Sections 363, 366, 376, 506 IPC and Section 3/4 POCSO Act, P.S. Meja, District - Prayagraj 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.
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.
Order Date :- 30.4.2019 Sanjeet