Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38762 of 2017 Applicant :- Rohit Kumar Alias Kallu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Jeetendra Kumar Sharma
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Anand Pati Tiwari, learned counsel for the applicant, Shri Jeetendra Kumar Sharma, learned counsel for the first informant alongwith learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that F.I.R of the incident has been lodged with inordinate delay without any justifiable reason. Further submission is that allegations levelled against the applicant are false and frivolous. As a matter of fact, victim had illicit relation with so many boys and after being caught in objectionable state by the applicant, he reported the matter to first informant, upon which the present F.I.R. was lodged implicating therein applicant also. Further submission is that prosecution story does not match with medical evidence as in medical examination 19 weeks old pregnancy was found whereas, per prosecution story alleged incident had taken place only two to three months (8 to 12 weeks) before the registration of F.I.R. Further submission is that applicant who is in jail since 02.06.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. and learned counsel appearing for the first informant have vehemently opposed the prayer and submitted that victim, a minor girl has supported the prosecution and there is no reason of false implication.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and evidence in support of it, period of detention and also that in the wake of heavy pendency trial is not likely to be concluded in near future, I deem proper to enlarge the applicant on bail.
Let applicant Rohit Kumar Alias Kallu be released on bail in Case Crime No. 100 of 2017, under Sections 376, 504, 506 I.P.C. and section 3/4 POCSO Act, P.S. Sahayal, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.3.2018 /Bhanu