Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13687 of 2019 Applicant :- Sandeep Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajneesh Kumar Upadhyay,Upendra Vikram Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Appeal has been converted into the regular bail. Notices to the opposite party nos. 2 & 3 were issued in criminal appeal but same were not served as opposite party nos. 2 & 3 were not traceable at the addresses given in the FIR. Since appeal has been converted into the regular bail, provisions of amendment made in SC/ST Act cannot be applied, therefore, there is no need to issue fresh notice to the opposite party nos. 2 & 3.
Heard 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. Although applicant is named in the FIR yet in the statement of victim recorded under Section 164 Cr.P.C. before the concerned Magistrate nothing was stated by her against the applicant. She did not disclose the applicant's name. Had the applicant committed the present offence, the victim would have named the applicant in her statement recorded under Section 164 Cr.P.C.. Referring to the above facts, it is further submitted that applicant has been falsely implicated in this case. The applicant has no criminal history. He is languishing in jail since 22.03.2018 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, evidence, complicity of accused 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 Sandeep involved in Bail Application No. 40 of 2018 arising out of Case Crime No. 468 of 2018, under Sections 376-D, 506 IPC and Section 3/4 POCSO Act and Section 3(2)5 SC/ST Act, P.S. Baghpat, District - Baghpat 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 :- 25.6.2019 Sanjeet