Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Shibbu @ Shivkumar, who is involved in case Case Crime No. 175 of 2020, under Sections 363, 376-D, 120-B IPC and Section 5(chha/G)/ 6 POCSO Act, P.S. Arnia, District - Bulandshahr.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the victim herself in the statement recorded under Section 164 CrPC has stated that her date of birth as 21.4.2003 and date of offence is 6.8.2020. Hence, her age on the date of incident comes more than 17 years. Therefore, there is no necessity to issue notice to the victim / informant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; that he has not committed the present offence; that the F.I.R. was lodged on the basis of false facts; that no incident, as alleged, ever took place; that though, as per prosecution, it is a case of gang rape yet medical evidence does not support the oral version; that the statement of victim recorded under Section 161 and 164 CrPC are contradictory. Further submitted that victim was medically examined on the day of incident itself but the medical report of the victim does not support the prosecution version. Moreover, the main accused Prashant Kumar has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 45703 of 2020 by order dated 10.12.2020 and the case of the applicant is on better footings. Pleading false implication it is lastly contended that the accused applicant is languishing in jail since 8.8.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail. However, granting bail to co-accused has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 19.1.2021 Fhd.