Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4016 of 2019 Applicant :- Prabhudayal Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Atul Srivastava, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Prabhudayal in Case Crime No.411 of 2017, under Sections 354B/506 I.P.C. and 8 of POCSO Act, Police Station Marhara, District-Etah with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that prima facie offence under Section 8 of POCSO Act is not made out. Only bald allegation that the applicant attempted to commit rape upom the victim has been made. Learned counsel for the applicant has also detailed reasons for his false implication in the affidavit filed in support of bail application. The victim, who is aged about 15 years, did not sustain any scratch on her person. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.12.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Prabhudayal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 MN/-