Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41472 of 2017 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.,Raj Kumar Kesari
Hon'ble Umesh Chandra Srivastava,J.
Sri Raj Kumar Kesari, learned counsel for the complainant as well as learned AGA for State have filed counter affidavits which are taken on record. Learned counsel for the applicant has also filed rejoinder affidavit and the same is taken on record.
Heard Shri Amit Kumar Singh, learned counsel for the applicant, Sri Raj Kumar Kesari, learned counsel for complainant as well as learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is not named in FIR, his name has come into light during the course of investigation in the statement of victim under section 161 Cr.P.C. Further submission is that there is variations in statement of victim under sections 161 and 164 Cr.P.C., where in statement under section 161 Cr.P.C., victim has said that Golu along with two others took her to some unknown place and sexually assaulted her, in her statement under Section 164 Cr.P.C she has stated that applicant Golu and his only one friend had taken her and sexually assaulted, she has not even disclosed the name of the friend. Further submission is that nothing adverse has been reported in the medical report of victim. Further submission is that applicant is in jail since 9.5.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim has supported prosecution and there is no reason of false implication.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Rakesh Kumar be released on bail in Case Crime No 312 of 2017, under Section 376D I.P.C. and section 3/4 POCSO Act, P.S. Chabepur, District Varanasi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.2.2018 Neeraj