Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2748 of 2019 Applicant :- Sani Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Bhaskar,Reeta Rani Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Sani seeking bail in Case Crime No. 1259 of 2018, under Section 363 IPC and Sections 16/17 of POCSO Act, Police Station Sihanigate, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 CrPC, in which, she has stated that she is a student of Class 10th and her summer vacations were going on. She asked her mother to drop her at the house of her aunt (Mausi), as such, her mother had dropped her at her aunt's house on 10.06.2018. She has further stated that on 22.06.2018, she had called Dharmendra on phone, who reached Saddik Nagar on the next morning and she along with Dharmendra had gone to his village Sadar Pur on her own free will. However, in her statement under Section 164 CrPC, she has stated that she had gone to her aunt's house along with her mother on 06.06.2018 and on 22.06.2018 at about 6:00 in the morning, her aunt had sent her to bring milk from the nearby shop, however, on the way, one Sani (applicant) and Dharmendra had made her smell some intoxicant substance, due to which, she became unconscious and when she regained consciousness, then she found Sani was present there and Dharmendra had fled away and she does not remember what happened subsequently and police had brought her at the police station.
Learned counsel for the applicant has next submitted that there is sharp contradiction in the statements of the victim under Sections 161 CrPC and 164 CrPC, as such, a prima facie case for bail is made out. Moreover, there is no whisper about the participation of applicant in the present case in the statement of the victim under Section 161 CrPC.
Learned counsel for the applicant has next submitted that the police report in the present case has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 17.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 17.10.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sani be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.1.2019 Nadim