Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4271 of 2018 Applicant :- Pradeep Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Kuber Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Satya Dheer Singh Jadaun & Sri Kuber Singh Yadav, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.397 of 2017, under Sections 376, 511, 504, 506 IPC and 7/8 POCSO Act, Police Station Mubarakpur, District Azamgarh, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that he has been falsely implicated in this case on account of enmity. He further submits that according to the statement of victim recorded under Sections 161 & 164 Cr.P.C., the only allegation is that the applicant took the victim on his terrace and pull down her undergarment and when she started weeping, he left her. He submits that prima-facie, offence under Sections 376 & 511 IPC is not made out in the absence of any such overt act to make out an offence of attempted rape. He further submitted that the first informant, his wife and the victim has not supported the prosecution case during trial and they have been declared hostile. Lastly, it is submitted that the applicant is languishing in jail since 1.11.2017 having no criminal antecedents.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Pradeep Vishwakarma, 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 :- 25.9.2018 Hasnain