Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45429 of 2020 Applicant :- Sajjan Opposite Party :- State of U.P.
Counsel for Applicant :- Girja Shankar Prajapati,Manvendra Singh Counsel for Opposite Party :- G.A.,Rahul Pandey
Hon'ble Rajeev Misra,J.
Rejoinder affidavit filed by learned counsel for applicant to the counter affidavit filed by State in Court today is taken on record.
Heard Mr. Manvendra Singh, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant- Sajjan seeking his enlargement on bail in Case Crime No.97 of 2020, under sections 376 I.P.C. and 3/4 POCSO Act, Police Station- Lalauli, District- Fatehpur, during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 13.06.2020, a delayed F.I.R. dated 18.06.2020 was lodged by first informant- Smt. Kamlesh Devi (mother of prosecutrix) and was registered as Case Crime No.97 of 2020, under sections 376 I.P.C. and 3/4 POCSO Act, Police Station- Lalauli, District- Fatehpur. In the aforesaid F.I.R., applicant Sajjan has been nominated as solitary named accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that on 13.06.2020 at around 7:00 pm, Km. Sapna, aged about 13 years, minor daughter of first informant had gone out in the jungle to attend the call of nature. While she was on her way, applicant is alleged to have forcibly dislodged the modesty of prosecutrix i.e. minor daughter of first informant.
Subsequent to aforesaid F.I.R., the statement of prosecutrix was recorded under section 161 Cr.P.C. by Investigating Officer. Same is on record as Annexure-2 to the affidavit. Thereafter, prosecutrix was medically examined and her Medico Legal Report is on record as Annexure-3 to the affidavit. Ultimately, statement of prosecutrix was recorded under section 164 Cr.P.C., which is on record as Annexure-4 to the affidavit.
Police upon completion of statutory investigation of aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted a charge-sheet dated 17.09.2020, whereby applicant has charge-sheeted under sections 376 I.P.C. and 3/4 POCSO Act.
Upon submission of aforesaid charge-sheet cognizance was taken by court concerned. Resultantly, Special Sessions Trial No.470 of 2020 (State Vs. Sajjan Yadav) under sections 376 I.P.C. and 3/4 POCSO Act, Police Station- Lalauli, District- Fatehpur came to be registered.
During pendency of present application for bail, aforementioned special sessions trial commenced. Upto this stage, two witnesses of fact i.e. P.W.1 Kamlesh Devi, first informant/mother of prosecutrix and P.W.2 Km. Sapna Devi, prosecutrix have been examined.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above-mentioned case crime number. Applicant is under custody since 21.06.2020. As such, application has undergone almost one year and six months of incarceration. Allegations made in F.I.R. are false and concocted.
Learned counsel for applicant then submits that P.W.1 Kamlesh Devi, first informant/mother of prosecutrix and P.W.2 Km. Sapna Devi, prosecutrix have deposed before court below. However, they have not supported the prosecution story. On the aforesaid premise, learned counsel for applicant contends that applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed this bail application. However, he could not dispute the factual and legal submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for State, upon perusal of record, complicity of accused and acquisitions made, this Court finds that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Sajjan involved in Case Crime No.97 of 2020, under sections 376 I.P.C. and 3/4 POCSO Act, Police Station- Lalauli, District- Fatehpur be released on bail on his 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.
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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.12.2021 Saif