Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26918 of 2021 Applicant :- Rajan @ Balvinder Opposite Party :- State of U.P. and Another Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed by the learned counsel for the applicant, is taken on record.
This is second bail application filed on behalf of applicant. The first bail application of applicant was rejected by this Court vide order dated 28.01.2020, passed in Criminal Misc. Bail Application No. 3461 of 2019.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was submitted that first bail application of applicant was rejected by this Court, vide order dated 28.01.2020, but after that the statement of first informant as well as of victim have been recorded before the trial Court and they have not supported the prosecution version. Referring to statement of victim girl, recorded before the trial Court, it has been submitted that the victim girl has not made any allegation of rape against the applicant and she has stated her date of birth as 15.07.2002 and that she has denied any such incident as mentioned in FIR or in her statement recorded, under Section 161 and 164 Cr.P.C. Learned counsel submitted that in view of statement of victim girl and first informant, recorded before the trial Court, no case is made out against the applicant. It was also stated that as per age certificate, issued by the Chief Medical Officer, Kushi Nagar, the age of victim girl is 18 years. Lastly, it was submitted that the applicant is languishing in jail since 05.10.2018, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail second application of applicant is allowed.
Let the applicant Rajan @ Balvinder involved in Case Crime No. 423 of 2018, under Section 376 of IPC and Section 3/4 POCSO Act, P.S. Kotwali Hata, District Kushi Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 7.10.2021 A. Tripathi