Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40607 of 2021 Applicant :- Rohit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.,Keshari Nandan Singh
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 248 of 2021, under Section 452, 354, 506 of I.P.C. & Section 8 of The Protection of Children from Sexual Offence Act, 2012, registered at P.S.- Rath, District- Hamirpur.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Further submitted that the true facts of the case are that Narendra Tiwari and Dhruv Tiwari brother of victim quarreled with the applicant and assaulted him. In the said incident applicant sustained serious injuries and lodged F.I.R. which was registered as NCR No. 153 of 2021, under Section 323 & 504 I.P.C. This false case has been cooked up for making pressure upon the applicant only to enter into compromise in the aforesaid case lodged by applicant. No injury was found in the medical examination report on the person of victim. After conclusion of evidence, Investigating Officer has submitted charge sheet in the matter. There is two days unexplained delay in lodging the F.I.R. Offence under Section 354 I.P.C. and Section 8 of POCSO Act are not been made out against the applicant. The applicant is languishing in jail since 23.07.2021.
Per contra, learned A.G.A. and learned counsel for opposite party no. 2 opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that no injury on the person of victim was found and there is two days unexplained delay in lodgement of the F.I.R., without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Rohit involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 VPS