Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23428 of 2021 Applicant :- Ramgopal Alias Bittu Opposite Party :- State Of U P And Another Counsel for Applicant :- Ashish Pandey,Pradhumn Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1- Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
2- The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 500 of 2020, under Sections 363, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station-Syohara, District-Bijnor, during the pendency of trial.
3- As per the prosecution case in brief, informant, who is mother of the victim has lodged F.I.R. on 01.10.2020 regarding an incident which took place on 22.09.2020, under Section 363 I.P.C. against the applicant alleging inter alia that on 22.09.2020, her daughter was enticed away by the applicant.
4- The main substratum of argument of learned counsel for the applicant is that complainant/informant, victim and Smt. Kelo Devi @ Kela Devi, who is grandmother of the victim have been examined as P.W.-1, P.W.-2 and P.W.-3 before the trial court, but they have not supported the prosecution case. It is also pointed out that victim and her grandmother have been declared hostile before the trial court. The applicant is languishing in jail since 02.10.2020 having no criminal history. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5- Per contra, learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the aforesaid factual aspects of the case as argued on behalf of applicant.
6- After having heard learned counsel for the parties, I find that complainant and victim has not supported the prosecution case and victim has been declared hostile, therefore, possibility of false implication of the applicant cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
7- Let the applicant Ramgopal Alias Bittu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
8- It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 23.9.2021 Sunil Kr. Gupta Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.23 14:04:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad