Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23803 of 2018 Applicant :- Rahul Kushwaha Opposite Party :- State Of Up Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that from the statement of the victim under Section 164 Cr.P.C, it appears that the alleged offence was committed before six months. There is contradiction in the prosecution case. From a perusal of the first information report and the statements of the victim under Section 161 and 164 Cr.P.C, it is clear that she has increased the gravity of the offence step wise and in the statement under Section 164 Cr.P.C she has finally implicated the applicant under Section 376 I.P.C when in the first information report she has alleged offence under Section 354A I.P.C. The prosecution case does not appears to be credible at this stage. The applicant is in jail since 02.08.2017.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India 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 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 Rahul Kushwaha involved in Case Crime No.315 of 2017, under Sections 354A, 376, 452, 506 IPC and 3/4, 7/8 of POCSO Act, 2012, Police Station Kotwali-Jalaun, District- Jalaun 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 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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.5.2019 SS