Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42945 of 2021 Applicant :- Satyam Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Amar Bahadur Maurya,Karuna Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 12.05.2021 at about 1:00 P.M. applicant molested the victim. F.I.R. in this regard was lodged after a period of one month on 13.06.2021 under Section 354 I.P.C. & 7/8 POCSO Act. Thereafter, during investigation Section 376, 506 I.P.C. & 3/4 POCSO Act was added in place of sec 354 I.P.C and 7/8 POCSO Act.
It is submitted that applicant is innocent and has been falsely implicated in this case. F.I.R. was lodged after one month having no explanation thereto. Victim has denied to undergo medical examination. There was dispute between father of the victim and applicant relating to asking for money which was remaining with the applicant as cost of tea, therefore, he has roped the applicant in this case. Even in her statement recorded u/s 164 victim has stated that a mobile phone was given to her by the applicant with which she used to talk with him. There is contradiction in statement of victim u/s 161 & 164 Cr.P.C. The applicant is languishing in jail since 02.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Satyam Prajapati involved in Case Crime No.273 of 2021, under Sections 376, 506 I.P.C. & 3/4 POCSO Act, Police Station Kotwali, District Maharajganj, 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.
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 :- 21.12.2021 Ashok Gupta