Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34901 of 2020 Applicant :- Saddam Ansari Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arunesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present for the informant in the revised call.
Heard Sri Arunesh Kumar Singh 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 been falsely implicated in the present case. He has not committed the present offence. No prima facie case for the offence under Section 376 is made out against the applicant. Prosecution has changed its version stage to stage. Learned counsel appearing for the applicant also referred to the contents of the F.I.R., statement of the witnesses recorded under Sections 161 & 164 Cr.P.C. and further argued that no prima facie for other offences are also made out in the present matter. The applicant has no criminal history. He is languishing in jail since 25.06.2020 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 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., statement of victim recorded under Section 164 Cr.P.C., 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 Saddam Ansari involved in Case Crime No. 337 of 2020, under Sections 376D, 323 IPC and Section 3/4 POCSO Act & 3(2) (5) SC/ST Act, P.S. Kasya, District - Kushinagar 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. 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 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 :- 29.10.2021 Israr