Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28470 of 2018 Applicant :- Riyajuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Dubey,Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant has been falsely implicated on account of dispute regarding storing of cow dung in the village. The applicant is the resident of the same village and residing along with the victim. The applicant is aged about 50 years and has been falsely implicated. There is considerable difference between the manner and time of incident in the first information report, statements of the victim under Sections 161 and 164 Cr.P.C. The first information report is delayed by 15 days. The age of the victim as per medical report is 17 years. There is no other evidence of rape. The applicant is in jail since 04.03.2018 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 Riyajuddin involved in Case Crime No.098 of 2018, under Sections 376 IPC and 3/4 POCSO Act, Police Station Ghiror, District- Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.8.2019 SS