Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12096 of 2021 Applicant :- Premchandra Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant- Premchandra Nishad, who is involved in Case Crime No. 114 of 2020, under Sections 376 IPC and 3/4 of POCSO Act, Police Station- Kishanpur, District- Fatehpur.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case due to rivalry; that there is delay of two days in lodging the F.I.R; that initially the F.I.R. was lodged under Section 354A I.P.C. but after the statement of the victim recorded under Section 164 Cr.P.C., the offence was converted into Section 376 I.P.C. alongwith Section 3/4 of POCSO Act; that neither in the F.I.R. nor in the statement of the victim recorded under Section 161 Cr.P.C. there is allegation of rape. Submission of learned counsel for the applicant is that the victim is major and was having love affairs with the applicant but under the pressure of her parents she levelled the allegation of rape against the applicant in her statement recorded under Section 164 Cr.P.C. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 18.8.2020 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case the accused applicant is entitled for bail.
Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 7.4.2021 S.Verma