Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.604 of 2020 under Sections 323, 376A, B, 506 I.P.C. and 5m/6 POCSO Act, Police Station-Chinhat, District-Lucknow, with the prayer to enlarge him on bail.
It is evident from the record that notice was served on the respondent No.2, but no one has put in appearance on behalf of respondent No.2.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 14.09.2020. It is further submitted on behalf of applicant that as per the prosecution case, the alleged incident was taken place about ten years ago, when the daughters of the informant were aged about 8 to 10 years and presently the age of the daughters of the informant are seventeen years and fourteen years respectively. He further submitted that applicant tried to out-rage the modesty of the daughters of the informant about ten years ago and one week ago, again he come to the house of informant and caught hold from the back side of her elder daughter, and thereafter, entire story was narrated to the informant, then FIR in question was lodged. He further submitted that prosecution story is highly improbable as the applicant tried to molest the modesty of the daughters of the informant ten years ago, but not even a single complaint was ever made. As per the Provisions of Section 35 of POCSO Act, it is obligatory on the part of the trial court to conclude the trial within one year from the date of taking cognizance. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but he does not dispute the fact that allegation in relation to attempt out-rage the modesty of daughters of informants is of ten years ago.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Rajneesh Verma- be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 18.8.2021 Amit/-