Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46676 of 2021 Applicant :- Rohit Verma Opposite Party :- State Of U.P. Thru Its Principal Secrectary Home Govt Of Up Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Om Prakash-VII,J.
Crl. Misc. Exemption Application No.1 of 2021 is allowed.
Heard Sri Mohammad Belal, learned counsel for the applicant, learned A.G.A for the State as well as Sri Anubhav Kumar Vimal, holding brief of Sri Vivek Kumar Singh, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case on the basis of false facts. No prima facie case is made out against the applicant. Referring to the contents of the F.I.R., it is further argued that although applicant is named in the F.I.R., but in the statement of the victim recorded under sections 161 and 164 Cr.P.C., she did not disclose the name of the applicant for committing the offence of rape upon her. Investigating officer recorded the statement of the victim again after recording her statement under section 164 Cr.P.C. and in that statement, victim disclosed the name of the applicant in committing the offence of rape upon her. Thus, referring to the aforesaid fact, it is further argued that had the applicant been involved in committing the offence of rape upon the victim, this fact would have come in the earlier statement made by the victim. Thus, it is argued that the applicant is languishing in jail since 17.4.2021 having no previous criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that applicant is named in the F.I.R. Victim is minor. She has disclosed the name of the applicant in committing the offence of rape upon her in the subsequent statement recorded by the investigating officer. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statements of victim recorded under Sections 161 / 164 CrPC, the medical evidence, 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 Rohit Verma involved in Case Crime No.434 of 2021, under Sections 376 (2) (झ), 506 IPC and 3/4 POCSO Act, P.S. Kotwali Nagar, District - Bulandshahar 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 following conditions.
1. The applicant will not tamper with the evidence during the trial. The applicant will not pressurize/ intimidate the prosecution witness.
2. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
3. 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 :- 20.12.2021 ss Digitally signed by OM PRAKASH Date: 2021.12.21 16:39:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad