Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39725 of 2018 Applicant :- Saurabh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jeet Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State today in Court, which is taken on record.
Rejoinder affidavit, filed by learned counsel for the applicant today in Court, is also taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Saurabh seeking bail in Case Crime No. 151 of 2018, under Sections 363, 366 IPC and Sections 7/8 of POCSO Act, Police Station Ahar, District Bulandshaher.
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 recorded under Section 161 CrPC, in which, the applicant has not been nominated as an accused and it is alleged that one person had made her smell some intoxicated substance, due to which, she became unconscious, thereafter, she does not remember what happened with her and when she regained consciousness, she found herself lying near a drain and with the help of a person, she returned back to her aunt's place. Per contra, in her statement recorded under Section 164 CrPC, the victim has stated that when she was accompanying her aunt for returning back her to parents place and had gone to the washroom, then Saurabh came there and had taken her to Lalkuan, where she met one Dinesh and had fallen in love with him and went and stayed with him at Loni and used to work in Khekda Pathshala, however, one day, Saurabh came there and made her smell some intoxicated substance and she does not remember if Saurabh had committed any indecent act with her as she was unconscious and thereafter, she came to Ahar Police Station along with Dinesh, who left her at Bulandshaher and went to her sister's place as his nephew was not feeling well. Dinesh has not committed any indecent act with her and wants to stay with Dinesh.
Learned counsel for the applicant has next submitted that from the perusal of the aforesaid statements of the victim, it is evident that there is sharp contradiction in her statement recorded under Sections 161 CrPC and 164 CrPC, as such, prima facie a case for bail is made out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 05.08.2018 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 for the State 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 05.08.2018.
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 Saurabh 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 :- 27.2.2019 Nadim