Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33326 of 2018 Applicant :- Sukhbeer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sukhbeer Singh seeks bail in Case Crime No. 281 of 2018, under Sections 363, 120-B IPC and 7/8 of POCSO Act, P.S. Afjalgarh, District- Bijnor.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 Cr.P.C. in which she has stated that one Karan had taken her away and committed rape upon her and thereafter fled away and in the next morning, when she reached her house, she informed about the said incident, however in the statement under Section 164 Cr.P.C. the victim has stated that Karan, Sukhvir and Mandeep had committed rape upon her. Learned counsel for the applicant has next submitted that there is sharp contradiction in the statements under Sections 161 and 164 Cr.P.C, as such prima facie a case for bail is made out. Lastly, it is submitted that applicant is in jail since 14.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 14.7.2018 and he has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Sukhbeer Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.1.2019 KU