Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23140 of 2019 Applicant :- Raghunandan Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Anurag Dubey, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Ragunandan with a prayer to enlarge him on bail in Case Crime No.600 of 2018, under Section 5(g)/6 of POCSO Act, Police Station Bhongaon, District Mainpuri.
It has been argued by learned counsel for the applicant that the applicant has already been granted bail in Sections 363, 366, 376-D, 504 I.P.C. and Section 3/4 of POCSO Act vide order dated 07.03.2019 passed in Crl. Misc. Bail Application No.9957 of 2019 and the applicant is seeking bail in Section 5(g)/6 of POCSO Act, which was added later on. Learned counsel further contends that for the incident of 15.10.2018, F.I.R., was lodged against unknown person by the father of the victim stating therein that her daughter (victim) had gone to school but she did not return. In the statement of the victim recorded under Section 161 Cr.P.C., she has accepted that she had gone with one Prem Chand and she wanted to marry him. The statement of the victim under Section 164 Cr.P.C., could not be recorded on the same day, and therefore the custody of the victim was given to her father subsequently, after being tutored, the victim has figured the name of the applicant in her statement under Section 164 Cr.P.C., with the allegation of sexual assault. Learned counsel further contends that due to the enmity between the applicant's family and the victim's family, the applicant has been falsely implicated in the present case. As per medical report, the age of the victim is 16 years. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 19.10.2018. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 3.6.2019 Anand Sri./-