Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16137 of 2019 Applicant :- Preetam Alias Surya Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay,Anup Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. He is not named in the FIR. Nothing was stated by the informant and victim at initial stage against the applicant. Victim in the statement recorded under Section 164 Cr.P.C. only stated that "Gupta Ka Ladka". Actual name of the applicant was not disclosed by her. Proper test identification parade was also not arranged in the matter. Informant in his subsequent statement recorded under Section 161 Cr.P.C., named the applicant as culprit in the present matter. Except to this, there is no other evidence to connect the applicant in the present matter. There is also no concrete and cogent evidence against the applicant. In the criminal cases shown as criminal history, applicant is on bail. Charge has already been framed in the present matter. Despite issuance the coercive process, whereabouts of the witnesses are not known. He is languishing in jail since 03.12.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the 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 Preetam Alias Surya Kumar involved in Case Crime No. 383 of 2017, under Sections 376-D IPC and Section 5M/6 POCSO Act, and Section 3(2)5 SC/ST Act, P.S. Ghughali, District - Maharajganj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.4.2019//Sanjeet