Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 455 of 2019, under Sections 306, 376 IPC and Section 3/4 POCSO Act, Police Station Jalalabad, District Shahjahanpur, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in respect of incident of committing suicide by Km. Upasana, daughter of first informant, a G.D. Entry report was registered at P.S. Jalalabad on 24.08.2019 stating therein that after taking meal, the first informant slept in his house, when he woke-up at about 2.00 A.M. he saw that his daughter was not on bed. However, in the morning at about 5.00 A.M., his wife found her daughter's body hanging by a tree. On the basis of said information, the inquest and postmortem of the victim was conducted and after about 5-6 days i.e. on 30.08.2019, a first information report was lodged by mother of deceased, in which, the applicant has been nominated as an accused, alleging therein that in the night between 24/25.08.2019, when she woke up at about 1.00 a.m., she found that her daughter was not on her bed and thereafter, while searching her, she saw the applicant Pramod Kashyap running away from the house and found her daughter's body hanging in the house. However, the said fact does not finds mention in the GD report, which was lodged on 24.08.2019, as such, it appears that the applicant has been falsely implicated in the present case by cooking up a false story as an after thought.
It is next submitted that the applicant is in jail since 24.09.2019 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 24.09.2019 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Pramod Kashyap be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 19.1.2021 v.k.updh.