Heard learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 9.6.2018 after more than six months of the incident alleging that on 25.2.2018 daughter of the complainant was forcibly raped by the applicant about one hour and threatened her.
Learned counsel for the applicant submitted that prosecutrix is step daughter of the complainant and is near relative of the complainant. Due to some dispute he assaulted the complainant before the incident and later on this F.I.R. was lodged falsely. According to medical examination, hymen of the prosecutrix was found intact. No offence under Section 376 I.P.C. is made out against the applicant. No injury was found on the body of the prosecutrix as well as on private parts. Nothing was done by the applicant and he is languishing in jail since 16.6.2018 (one year and five months) having no criminal history. Due to heavy workload in the trial court, there is no possibility to get this case decided in near future. The applicant is innocent and has been falsely implicated in this case. There is no independent witness/eye witness account and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and submitted that prosecutrix was eleven years of age.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shivam @ Sani Sony involved in Case Crime No. 632 of 2018, under Section 376AB, 506 IPC and 5/6 of POCSO Act, Police Station-Gomti Nagar, District-Lucknow be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 OP