Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11364 of 2021 Applicant :- Raja Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M.Ayaz Ali,Somdev Dixit Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1- Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
2- The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 574 of 2020, under Sections 323, 376, 506 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station-Tundla, District- Firozabad, during the pendency of trial.
3- As per the prosecution case in brief, complaint, who is father of the victim, has lodged F.I.R. on 20.12.2020 regarding an incident which took place on 19.12.2020 against the applicant and his brother Titu for the offence under Sections 323, 354B, 506 I.P.C. and 7/8 of POCSO Act,
4- It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case on account of previous enmity with the family members of the victim. He has pointed out that earlier uncle of the applicant had lodged F.I.R. dated 19.10.2000 against five accused persons including Omveer, who is complainant and father of the victim of this case. Copy of the said F.I.R. has been brought on record as Annexure No. 5 to the affidavit filed in support of bail application. It is next submitted that in the F.I.R. of this case, there is no allegation of rape against the applicant, but subsequently, the victim in her statement under Section 164 Cr.P.C. dated 12.01.2021 has made allegation of rape also against the applicant. It is further pointed out that before the trial court complainant and victim have been examined as P.W.-1 and P.W.-2, but they have not supported the prosecution case, therefore, they have been declared hostile by the prosecution. Copy of said statements have been brought on record along with third supplementary affidavit dated 23.09.2021. On the strength of aforesaid facts it is submitted that in view of the statements of the victim and her father before the trial court, possibility of conviction of the applicant is very bleak. The applicant is languishing in jail since 21.12.2020 having no criminal history to his credit. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5- Per contra, learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the factual aspects of the matter as argued on behalf of the applicant.
6- After having heard learned counsel for the parties, I find that victim and her father, who is complaint of this case, have not supported the prosecution case and have been declared hostile before the trial court and applicant has no criminal history. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
7- Let the applicant Raja be released on bail in the aforesaid case crime number on furnishing a personal bond and 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:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
8- It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.9.2021 Sunil Kr. Gupta