Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23385 of 2019 Applicant :- Shivam @ Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nagendra Kumar Singh,Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Shri K.K. Shukla, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that F.I.R. was lodged against unknown person. Name of the applicant surfaced in the second statement of the victim girl. Both the victims have been examined by the trial court. Referring to the supplementary affidavit annexed with the application, it is further submitted that they have not supported the prosecution case in respect of the present applicant. Co-accused whose name have been disclosed by the victims in the statement recorded before the trial court have been allowed on bail vide orders dated 13.09.2018 and 05.04.2019. Trial is still pending. The applicant has no criminal history. He is languishing in jail since 22.10.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victims recorded under Section 164 Cr.P.C. and before trial court, the medical evidence 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 @ Shiv Kumar involved in Case Crime No. 1341 of 2017, under Sections 376-D, 308, 506 IPC and Section 5/6 POCSO Act and Section 3(2)(5) SC/ST Act, P.S. Madnapur, District - Shahjahanpur 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.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 30.7.2021 Sanjeet