Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8618 of 2016 Applicant :- Rajendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari,Rakesh Tripathi-I,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 44 of 2015, under Sections 363, 366, 376, 302, 201 I.P.C. and section 3/4 POCSO Act, P.S. Asmoli, District Sambhal.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the girl went missing on 27.12.2014 with regard to which a missing report was lodged on 6.1.2015 in which the applicant was not named; subsequently the body was recovered on 1.1.2015 by the Chowkidar of the village and the postmortem of the body was done treating the same as unknown; subsequently on 3.2.2015, the mother of the deceased had given an statement in which she has mentioned that one Rajendra used to talk to the girl; thereafter on the basis of some information received from police mukhbir, the applicant was arrested and thereafter he has been implicated in the present case after a period of fourty days by showing recovery of mobile, few sim cards and the TC of the girl, apart from this there is no other evidence which may show the participation of the applicant in the alleged crime; as far as Naresh Tygai is concerned, it is contended that he has been introduced after a period of almost one month only for the purpose of creating the last seen evidence. It is lastly contended that the accused applicant is in jail since 4.2.2015 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Rajendra Singh involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Though the Court has been informed that the trial of the present case is still pending, however, it is observed that in case the trial has already been concluded, the present order granting bail will not be given effect to.
Order Date :- 29.3.2018 Kuldeep