Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8167 of 2019 Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ravi has prayed to release him on bail in Case Crime No. 428 of 2018, u/s 376, 328, 506 I.P.C. and 3/4 POCSO Act, P.S. Kairana, District Shamli.
Heard learned counsel for the applicant and Mr. N. K. Srivastava, learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this case.
F.I.R. of the incident was lodged by prosecutrix on 25.7.2018 at 4.00 P.M. against Ravi (applicant), Deepak, Mamad and Babu with this contention that the informant was a student of Arya Kanya Inter College, Kairana. Her date of birth is 5.7.1999. She was six sisters and one brother of about six years old. Her two sisters are married. She is the third issue of her parents. Her parents are poor and doing labour. Misusing this situation her relative Ravi, who was her maternal uncle, enticed her and committed rape upon her under administration of psychotropic substance. He extended threat to murder his brother in case she opens her leaps anywhere. Her life became helm. She was under physical abnormality. Her mother took her twice for treatment but she was not in a position to open her mouth. Her relative Deepak and his father Babu used to extend her threat with dire consequences. She ultimately narrated her agony to her mother. Her parents along with others went at the house of Ravi for apprising above facts and lodging complaint but again threat was extended there at. Hence report was lodged. But during trial this prosecutrix Aarti, her mother and father had resiled from previous statements. They have not given testimony of commission of rape by the applicant. Hence bail has been prayed for.
Learned AGA has opposed the bail application..
From perusal of statements recorded before the trial court reveals that the prosecutrix Aarti has resiled from her statements recorded u/s 161 and 164 Cr.P.C. She was found major in the medical examination. Under above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ravi, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.2.2019 Pcl