Rejoinder affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. In the first information report, the only allegation against the applicant is that he has co-operated the co-accused Tinku Rajbhar in commission of rape on victim girl. In her statement under Section 161 & 164 Cr.P.C., victim girl has not made any allegation of rape against the applicant, rather the allegations of rape have been made against co-accused Tinku Rajbhar, who has already been granted bail by co-ordinate Bench of this Court vide order dated 23.07.2021, passed in Criminal Misc. Bail Application No. 12915 of 2021, and that the cse of applicant is on better footing than that of co-accused Tinku Rajbhar. As per certificate of Chief Medical Officer Azamgarh, the age of victim girl is above 18 years. Lastly, it was submitted that the applicant is languishing in jail since 06.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Prabhat @ Sunil involved in Case Crime No. 0144 of 2020, under Sections 376, 294, 504, 506, 313, 120-B IPC and 3/4 Protection of Children From Sexual Offences Act, 2012, Police Station Tarwan, District Azamgarh, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 18.8.2021 A. Tripathi