Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50298 of 2017 Applicant :- Santosh Ram Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter and supplementary affidavits filed today are taken on record.
Heard Sri P.K. Singh, learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State, and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant Santosh Ram alleging that on 13.7.2017, he raped daughter (14 years) of complainant.
It is submitted by learned counsel for the applicant that according to statement of P.W.2 victim, she stated that nothing has been done by the applicant with her due to previous enmity, the name of the applicant was disclosed before the Investigating Officer in the statement under Section 164 Cr.P.C. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no eye witness account against the applicant. There is no possibility to get this case decided in short period in future. Offence under Section 376 IPC is not made out against the applicant. P.W. 1, P.W.2 and P.W.3 have been examined, they have not supported the prosecution case. He is languishing in jail since 14.8.2017 (more than one year and five months) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Santosh Ram involved in Complaint Case No. 170 of 2017, under Sections 376(2)(Jha) IPC and 3/4 Protection of Children from Sexual Offences Act (POCSO Act), Police Station Chakiya, District Chandauli be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 A. Singh