Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26863 of 2018 Applicant :- Raghvendra Pratap Sahi @ Chhotu Shahi Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter and Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the medical examination report of the victim does not supports the prosecution case. The victim has been found to be minor. The applicant is the landlord of the victim. The statement of the victim under Section 164 Cr.P.C. is absolutely at variance with the FIR. The comparison of the statement of the victim under Section 164 Cr.P.C. with FIR shows that either the FIR version is incorrect or the statement of the victim under Section 164 Cr.P.C is incorrect. The applicant is in jail since 24.12.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Raghvendra Pratap Sahi @ Chhotu Shahi, be released on bail in Special Sessions Trial No. 225 of 2018 arising out of Case Crime No. 1382 of 2017, under Sections- 323, 506, 376 I.P.C. & Section 3/4 POCSO Act, Police Station- Cantt., District- Gorakhpur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Order Date :- 30.5.2019 Rohit