Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26717 of 2020 Applicant :- Prem Narain Opposite Party :- State of U.P.
Counsel for Applicant :- Vishakha Pande,Rakesh Pande (Senior Adv.),Ved Prakash Singh Counsel for Opposite Party :- G.A.,Neeraj Seerotiya,Saif Naseem,Sayyed Kashif Abbas Rizvi
Hon'ble Om Prakash-VII,J.
Heard Ms. Vishakha Pande, learned counsel for the applicant, Sri Mohd. Mahtab Alam, learned counsel for the informant, 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 was implicated in this matter due to village rivalry. Referring to the statement of the informant and the victim recorded under Section 161 Cr.P.C. and also the statement of the victim recorded under Section 164 Cr.P.C., it is further argued that there is contradiction in these statements on point of date, time and place of incident. Learned counsel for the applicant also referred the statement made by the victim before the Doctor concerned at the time of medical examination and further submitted that she has made a different story at that time. Thus, it is argued that prosecution case rests on the basis of inconsistent facts. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 20.4.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel appearing for the informant argued that a prima facie case is made out against the applicant. There is no contradiction in the statement of the informant and victim recorded under Section 161 Cr.P.C. as well as statement of the victim recorded under Section 164 Cr.P.C. Date, time and place of incident have been made clear in it. Victim was minor. Medical evidence also supports the oral version.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of the informant and victim recorded under Sections 161 and 164 Cr.P.C., the medical evidence 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 Prem Narain involved in Case Crime No. 0013 of 2020, under Section 376 IPC and Section 3/4 of Protection of Children From Sexual Offence Act, P.S. Chitrahaat, District - Agra 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 :- 27.10.2021 Shafique