Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19994 of 2019 Applicant :- Pujari Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
List revised. Despite service of notice, none present for the opposite party no. 2.
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. Although he is named in the FIR yet no specific role has been assigned against him to attract the offence under Section 376 IPC. At this juncture, learned counsel for the applicant referred to the statement of the victim recorded under Sections 161 & 164 Cr.P.C. and further argued that applicant was implicated in this case due to reason shown in the affidavit. The applicant has no criminal history. He is languishing in jail since 19.02.2019 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 Pujari involved in Case Crime No. 526 of 2018, under Sections 376, 506, 120-B IPC and Section 16/17 POCSO Act, P.S. Tirwa, District - Kannauj 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 :- 24.6.2019 Sanjeet