Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15636 of 2021 Applicant :- Shyam Charan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Yadav,Abhilasha Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Shyam Charan in connection with Case Crime No. 127 of 2020 under Sections 354, 504 IPC, Section 8 of the POCSO Act and Sections 3(1)(d), 3(1)(e) and 3(2)(v) SC/ST Act, P.S. Bharatkoop, District Chitrakoot.
It is made out that the applicant has been falsely implicated in a case of molestation relating to the informant's daughter, aged about 15 years. It is urged that the statements of the prosecutrix, her sister and the informant are got up and false, and, there is no independent witness to the occurrence that is said to have occurred at a public place. It is argued that the information has been lodged partly due to an election related animosity of the village Pradhan, who has caused the false allegation to be made, and in part, to extort money from the applicant and his family members. It is also made out that in the past also, the husband of the Mahila Village Pradhan had habitually caused false implication to be done, involving innocent natives of the village regarding which an application has been made to the District Magistrate, Chitrakoot and the Superintendent of Police, Chitrakoot. It is, particularly, argued that there is no medico legal evidence to corroborate the prosecution case, which involves some violence and would have certainly left behind telltale medico-legal evidence, if true. It is, particularly, argued that the trial would take a long time to conclude which has not commenced. The applicant is languishing in jail pending trial. It is also urged that the applicant undertakes to cooperate with the trial. It is also submitted that the applicant is a respectable person with no criminal history and there is no good ground to detain him in jail pending trial.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the occurrence is apparently one that happened in a public place but there are no public witness, the fact that occurrence involves some violence with no medico legal report, the fact that the trial would take a long time to conclude and the applicant is in jail since 18.02.2021, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Shyam Charan in connection with Case Crime No. 127 of 2020 under Sections 354, 504 IPC, Section 8 of the POCSO Act and Sections 3(1)(d), 3(1)(e) and 3(2)(v) SC/ST Act, P.S. Bharatkoop, District Chitrakoot be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 6.4.2021 Deepak