Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42172 of 2017 Applicant :- Viket Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kant Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Krishna Kant Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.259 of 2015, under Sections 363, 366, 376, 504, 506 IPC and 3/4 POCSO Act, Police Station Kothibhar, District Maharajganj, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in this case due to enmity. The victim in her statement under Section 161 Cr.P.C. had unequivocally stated that the applicant did not even touch her. However, it seems that under the pressure of her parents, she has levelled allegation of rape against the applicant in the statement under Section 164 Cr.P.C. It is contended that the first information report was registered on 27.2.2015 on an application moved under Section 156(3) Cr.P.C. regarding the alleged incident of 5.1.2015. Lastly, it is contended that the applicant is a young lad of 20-21 years and is in jail since 27.9.2015 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Viket, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
However, it transpires that the case pertains to the year 2015, the trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to either of the parties, on day to day basis, strictly in accordance with the provisions of Section 309(1) Cr.P.C., preferably within a period of four months from the date of production of a certified copy of the order.
Let a copy of this order be sent to concerned Court below for intimation and necessary compliance within a week.
Order Date :- 23.8.2018 Hasnain