Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52112 of 2019 Applicant :- Shivam @ Rider Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that as per first information report the age of the victim is 16 years. No medical examination was conducted for the purpose of determination of her age. Learned counsel for the applicant has stated that there is no allegation of rape against him. The allegation against the applicant is that he made video clip of the rape which was committed by co-accused, Harshit. In para 11 of the bail application averment has been made that no such video film is there. The Investigating Officer has not been able to recover any such video film. The applicant alleges false implication in this case. The applicant is in jail since 12.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the averments made in para 14 of the affidavit in support of the bail application that there is no alleged video film of the victim along with co- accused, Harshit.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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, Shivam @ Rider, involved in Case Crime No.673 of 2019, under Sections 384, 328, 376-D, 506 IPC and 3/4 POCSO Act, Police Station Modinagar, District- Ghaziabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.11.2019 SS