Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16068 of 2021 Applicant :- Sanu Opposite Party :- State of U.P.
Counsel for Applicant :- Phool Singh Yadav,Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Sanu, in connection with Case Crime No. 680 of 2020, under Sections 452, 354, 506 IPC, Police Station - Banda, District - Shahjahanpur.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that he has been falsely implicated on account of a rivalry in the village, between families. It is pointed out that in the statement of the prosecutrix under Section 161 Cr.P.C., she says that she was asleep with her maternal grandmother, when the applicant intruded into her house and molested her, whereas in the statement under Section 164 Cr.P.C., she has stated that she was asleep with four younger brothers of hers, when the occurrence took place. Again, in the statement of the doctor in confidence, she has stated that she was home alone, when the incident took place. It is all these contradictions which the learned Counsel for the applicant says demonstrate the false nature of the accusation, about which there is no other tangible evidence. It is also said that the offence is triable by Magistrate and that the applicant is a respectable man, who has no criminal history. He is in jail since 10.01.2021.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is inconsistency about the place and circumstances of the occurrence prima facie in the various statements of the prosecutrix, the fact that the offence is triable by Magistrate and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Sanu be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 6.4.2021 I. Batabyal