Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34102 of 2021 Applicant :- Surya Nath Rai Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajendra Babu Gaur Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajendra Babu Gaur, learned counsel for the applicant and Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Surya Nath Rai, with a prayer to release him on bail in Case Crime No. - 375 of 2021, under Sections -363, 366, 376 I.P.C., 3/4 POCSO Act, Police Station -Tilhar, District -Shahjahanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 21.05.2021, the applicant is in confinement since 30.05.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that though the FIR allegation exists, at the same time, there is material discrepancy in the statement of the alleged victim girl recorded during investigation. Even otherwise, it is improbable that the victim girl would have not raised any alarm over a long period of one month. Thus, it has been submitted, there was neither any force practice nor there was any element of rape.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.12.2021 S.Chaurasia