Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15646 of 2021 Applicant :- Rampyare Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Rampyare in connection with Case Crime No. 19 of 2021 under Sections 354 B, 452 IPC and Section 7/8 of the POCSO Act, P.S. Kotwali Padrauna, District Kushinagar.
Heard Mr. Bishram Tiwari, learned Counsel for the applicant and Mr. Dinesh Kumar Srivastava, learned A.G.A. appearing for the State.
It is submitted by the learned counsel for the applicant that he is a 70 year old man, who is infirm on account of poor vision and a surgical procedure affecting his spine that he has undergone at the Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow. It is urged that he has been implicated in this preposterous case of molestation of a minor girl because there is some dispute about dumping of garbage by the prosecutrix's family members in front of the applicant's house. There had been sharp exchange of words between the applicant and the members of the prosecutrix's family over the issue of dumping garbage. Learned counsel for the applicant, in support of his submission that he is an old man aged about 69-70 years, has invited the attention of the Court to a copy of Parivar Register issued by the Nagar Palika Parishad, Padrauna, Kushinagar. A perusal of the said copy of the register shows that the applicant was 65 years on 16.09.2017. Learned counsel for the applicant has also taken the Court through a volume of discharge bills and no dues certificates issued by the Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow for their neurosurgery section, in support of his case of spinal surgery that makes him physically weak and infirm also. It is also argued that the applicant has no criminal history and is in jail since 01.03.2020 The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there appears to be a history of neighbourhood dispute between the applicant and the family members of the prosecutrix, the fact that the applicant is an old man aged 69-70 years, the fact that the applicant is infirm prima facie, having undergone a serious spinal surgery, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Rampyare in connection with Case Crime No. 19 of 2021 under Sections 354 B, 452 IPC and Section 7/8 of the POCSO Act, P.S. Kotwali Padrauna, District Kushinagar be released on bail on executing his 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.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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 :- 6.4.2021 Deepak