HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36148 of 2019
Applicant :- Anil
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Anjani Kumar Rai
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there is vital contradictions in the FIR, statement of the child victim under Section 161 Cr.P.C. and her statement under Section 164 Cr.P.C. It has been submitted that in the FIR and also in the statement of the victim under Section 161 Cr.P.C. there is allegation that only the victim was there and she was subjected to offence under Section 354 IPC by the applicant however in the statement of the victim under Section 164 Cr.P.C. she has stated that her sister, Aradhya, were there and the applicant then committed the alleged offence and he also snatched Rs. 20/- from her. The submission is that the applicant was working as a labourer in the field of the informant and on account of some dispute between them he has been falsely implicated. The applicant is in jail since 05.07.2019 and has no prior criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of SectionArticle 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Anil, be released on bail in Case Crime No. 112 of 2019, under Section 354-A IPC and Section 7/Section8 of the Protection of Children from Sexual Offences Act, Police Station- Hafizpur, District- Hapur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.9.2019