Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7397 of 2019 Applicant :- Sanu Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned counsel for the complainant, 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. It is also contended by learned counsel for the applicant that initially the case was registered u/s 363, 366 IPC. It is also contended that the date of incident is 9.5.2018 and the FIR was lodged on 14.5.2018. There is no explanation of delay. Victim in her statement never stated that gang rape was committed upon her and due to pressure of the family members, victim lodged the FIR of gang rape. Victim was also produced in Writ Petition No.14173 of 2018 and never stated in this writ petition about the gang-rape. The age of the prosecutrix is 17 years and the applicant is languishing in jail since 7.9. 2018, having no criminal antecedent.
Per contra, learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer for bail and contended that there is no delay in lodging of the FIR and due to undue pressure of accused, in 161 Cr.P.C. statement, she has not stated the correct fact. The victim is below 18 years of age.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant, Sanu involved in Case Crime No.108 of 2018, under Sections 363, 366, 376D IPC & Section 5/6 of the POCSO Act, Police Station Chharra, District Aligarh, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicant shall not tamper with the prosecution evidences.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
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 default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 28.2.2019 m.a.