Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48094 of 2021 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Rahul, in Case Crime No. 124 of 2020, under Sections- 363, 366, 365, 506, 376 I.P.C., Section 3/4, 16/17 of POCSO Act & 3(2)V of Scheduled Castes and Scheduled Tribes Act, 1989, P.S. Gandhi Park, District- Aligarh.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.3.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information was got lodged on 19.3.2020, against Kanhaiya and Rahul, for offences punishable under Sections 363, 366 IPC; prosecutrix was said to be of 16 years whereas as per school record, she is of above 17 years; applicant was enlarged on bail in this very case crime number vide order dated 9.7.2021, filed at Page No. 33 of the paper book; no accusation of rape was against him either in statement under Section 161 Cr.P.C. or 164 of Cr.P.C.; chargesheet against him was not filed for offence of rape but cognizance was taken by Court concerned as above and thenafter, bail application as rejected whereas, Kanhaiya against whom accusation of rape was there at every stage, has been enlarged on bail vide order dated 12.4.2021, in Criminal Misc. Bail Application No. 35099 of 2020 by Co-ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that two witnesses have been examined before trial Court and one is in continuation.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that accusation of rpae is not against applicant in her statement recorded under Sections 161 as well as 164 of Cr.P.C.; chargesheet for offence of rape was not there against the applicant; it was the order of cognizance wherein applicant was added; applicant was on bail granted by Session's Court.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Rahul, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.12.2021 Kamarjahan