Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57123 of 2019 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is above 18 years. In the first information report there is no allegation of rape levelled against the applicant and the co-accused. However, the victim has levelled such an allegation under Section 164 Cr.P.C recorded after 45 days of lodging of the first information report. Medical report does not supports the allegation made in the first information report. The applicant is in jail since 04.08.2019 and has criminal history of one case explained in the supplementary affidavit filed today.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view 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 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, Sunil Kumar, involved in Case Crime No.63 of 2019, under Sections 354-A, 323, 504, 506, 376- D IPC and 5/6 of POCSO Act and 3(2(5) of SC/ST Act, Police Station Lalapur, District- Prayagraj 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.
Order Date :- 20.12.2019 SS