Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30312 of 2018 Applicant :- Shrawan Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The submission is that the statement of the victim under Section 164 Cr.P.C was not in compliance with the sub- section 5-A, proviso 1 and 2, which provides that when the statement of temporarily or permanently mentally or physically disabled persons is recorded, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement. It has further been submitted that the medical report does not supports the prosecution case at all. The age of the victim as per medical report is 18 years. The applicant is in jail since 30.05.2018. The applicant is aged about 50 years.
On the other hand learned AGA has opposed the prayer for bail and has pointed out that the Magistrate has taken assistance of the expert while recording statement of the victim. In this connection teacher of the school of deaf and dumb was present before the Magistrate while recording statement of victim. There is no violation of law in recording the statement of the victim under Section 164 (5-A) Cr.P.C.
Keeping in view the fact that the applicant has no criminal history and is in jail since 30.5.2018 and 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 Shrawan involved in Case Crime No.168 of 2018, under Sections 376 IPC and under Section 3/4 POCSO Act, Police Station Rasara, District- Ballia 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.
Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of one year from the date of production of certified copy of this order.
Order Date :- 26.8.2019 SS