Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44798 of 2019 Applicant :- Pappu Shukla @ Aditya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Santosh Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri V.Ram holding brief of Shri Santosh Kumar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Pappu Shukla @ Aditya with a prayer to release him on bail in Case Crime No. 184 of 2018, under Sections 363, 366, 376, 506 IPC, and section 3/4 of Protection of Children From Sexual Offence Act, 2012 Police Station Khaga, District- Fatehpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is submitted that as per medical report the age of the victim is twenty years.In the statement of the mother of the victim before the trial court she has stated she married Jhaller 20-22 years ago and after two years victim was born. Even from statement of victim she is aged about eighteen years.There are two medical reports of C.M.O. Fatehpur.In one report the age of the victim is seventeen years and in another report the age of the victim is fifteen years.This Court further finds that victim and applicant approached this Court challenging the first First Information Report by filing Criminal Misc. Writ Petition No. 23037 of 2017.Now in the present incident her mother has allegedly lodged the F.I.R. and victim has made allegation of rape against the applicant. In view of the statement of the mother of the victim before the court below that the applicant has been falsely implicated in this case. The prosecution case appears doubtful.The conduct of the C.M.O. Fatehpur giving two contradictory reports is not appreciated by this Court. The court does not wants to waste further time for calling the report from the medical board. The applicant is languishing in jail since 13.8.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.12.2019 Atul kr. sri.