Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40838 of 2018 Applicant :- Parashuram Opposite Party :- State Of U.P.
Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Parashuram, who is in jail since 19.09.2018 in connection with Case Crime No. 187 of 2018, under Sections 323,504,506,376,511 IPC and 7/8 POCSO Act, P.S.
Purandarpur, District Maharajganj.
Heard Sri Anup Kumar Pandey, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA alongwith Sri Avaneesh Shukla, appearing for the State.
The submission of the learned counsel for the applicant is that so far as applicant is concerned there is no allegation of rape or attempted rape against him. The allegation against the applicant going by the statement of the prosecutrix under Section 164 Cr.P.C. is of being part of a group of four who assaulted her maternal grandfather to which she objected; thereupon, the allegation is against co-accused Jitendra, who is said to have attempted ravishing her. The learned counsel for the applicant has taken this Court minutely through the statement under Section 164 Cr.P.C. and submits that so far as the applicant Parashuram is concerned, there is not a hint of allegation, even about attempted rape, as against him. Though, it may be there against co-accused, Jitendra.
Learned A.G.A. has opposed the prayer for bail and submitted that in the FIR, there is an allegation to show an attempt to rape by the applicant also alongwith others, which is lodged by the maternal grandfather of the prosecutrix. However, he does not deny the fact that the prosecutrix does not allege an attempt of molestation or ravishing her by the applicant, confining it to the co-accused, Jitendra.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of the evidence, in particular, the statement of the prosecutrix under Section 164 Cr.P.C. that is exculpatory prima facie for the applicant, so far as the offences under Section 376/511 I.P.C. and POCSO Act are concerned but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Parashuram involved in Case Crime No. 187 of 2018, under Sections 323,504,506,376,511 IPC and 7/8 POCSO Act, P.S. Purandarpur, District Maharajganj be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 BKM/-