Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44725 of 2021 Applicant :- Ram Pravash Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Facts in brief are that on 06.09.2021, victim was playing in front of her jhuggi in the meantime applicant who was living in the neighbour came there and took the victim with him into his own jhuggi where he pulled off victim's underwear and put his hand on her potty.
It is submitted that the applicant is innocent. He has been falsely implicated in this case on account of enmity due to transactin of money between the applicant and parents of victim. No any injury has been found on the person of victim. No allegation of rape or unnatural offence has been made against the applicant in the F.I.R. No such version has been made by the victim before the Investigating Officer. Applicant is in jail since 08.09.2021, therefore, requested for bail.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ram Pravesh Giri involved in Case Crime No. 1058 of 2021, under Sections 376AB I.P.C. and 5/6 POCSO Act, P.S. Sector-20 Noida, District Gautam Buddha Nagar, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 PS