Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40872 of 2020 Applicant :- Umesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewarshi Kumar Rai Counsel for Opposite Party :- G.A.,Ram Narain
Hon'ble Om Prakash-VII,J.
Heard Shri Devarshi Kumar Rai, learned counsel for the applicant, Shri Ram Narain, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. No prima facie case is made out against the applicant. Though victim has supported the prosecution case in her statements recorded under Section 161 and 164 CrPC yet when she was examined during trial, she did not support the prosecution case. She also resiled from the statement recorded under Section 164 CrPC. Referring to aforesaid facts, it is further submitted F.I.R. was lodged by the brother of the victim on the basis of false facts. In fact, marriage of the applicant and the victim was to be solemnized but same could not be materialized and due to this reason present F.I.R. was lodged. The applicant has no criminal history. He is languishing in jail since 5.8.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant and the learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statements of victim, 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 Umesh Kumar involved in Case Crime No. 56 of 2020, under Sections 376, 506 IPC and 3/4 POCSO Act, P.S. Bijpur, District - Sonbhadra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 he is accused, or suspected, of the commission of which he is 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 safi