Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48904 of 2018 Applicant :- Vikram Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Chowdhury,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Vikram seeks bail in Case Crime No. 147 of 2018, under Sections 364, 34 IPC and Section 7/8 of POCSO Act, P.S. Mirhachi, District- Etah.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case on account of dispute over a piece of land. 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 on 29.4.2018 at 4:30 p.m. her mother asked her to throw garbage and when she was returning back, his uncle, grand mother and another uncle asked her to sit in a vehicle and has taken her to their home, where she was tied on a chair and they did not gave her anything to eat. She has further stated that they had not committed any indecent act with her nor had assaulted her and thereafter she was brought back by her parents. However, in the statement under Section 164 Cr.P.C. she has stated that on 29.4.2018, she had gone to throw the garbage where she was gagged by her uncle Harnam, who gave her some injection, due to which she lost her consciousness. She has further stated that no indecent act was done with her and and on being asked as to whether any other uncle was also there, she stated that some other uncle was with them but she does not know his name and her grand mother and aunt was also there. Thus, there is sharp contradiction in the statements of the victim under Section 161 and 164 Cr.P.C. but there is no whisper about the involvement of the applicant in the said statement. Lastly, it is submitted that applicant is in jail since 25.10.2018 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 25.10.2018 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 Vikram 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 :- 20.12.2018 KU