Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24395 of 2019 Applicant :- Rishi (Rishi) Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. Although he is named in the FIR but no specific role has been assigned against the present applicant to attract the offence under Section 376 IPC. Referring to the statement made by the victim before the Doctor concerned who has medically examined the victim, it is also argued that only allegation for the offence under 376 IPC was levelled at that time by the victim against co-accused Pradeep. At this juncture learned counsel appearing for the applicant also referred to the statement of the victim recorded under Section 161 Cr.P.C. and again argued that nothing was stated against the present applicant by the victim. It is further argued that for the first time in the statement recorded under Section 164 Cr.P.C. after consultation offence of rape was levelled against the applicant. Learned counsel for the applicant also argued that victim was not aware about the name of the applicant as is clear from the statement recorded under Section 164 Cr.P.C. She herself has admitted that she disclosed name of the applicant on the basis of information given by the police concerned. If such was the position, proper test identification ought to have been arranged in the present matter. Thus referring to the entire facts and period of detention, prayer for bail was made. The applicant has no criminal history. He is languishing in jail since 28.2.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Rishi (Rishi) Kumar involved in Case Crime No. 12 of 2019, under Sections 323, 376, 506/34 I.P.C. and Section 3/4 POCSO Act, P.S. Sirsakalar, District Jalaun 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 the 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 :- 24.6.2019//Sachdeva