HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 27
Case :- BAIL No. – 7877 of 2019
Applicant :- Baba Ram Pravesh Giri @ Giri Baba
Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar,Ashish Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that in the F.I.R. only attempt to commit offence under Section 377 I.P.C. is alleged by the informant by the present applicant as well as other co-accused persons. However, in the statement under Section 164 Cr.P.C. substantial improvement has been made by the informant and allegation has been levelled against the present applicant. It has further been alleged in the statement under Section 164 Cr.P.C. that blood was oozing from the private part of the victim. Learned counsel for the applicant submits that a perusal of the medical report depicts that the alleged story narrated by the victim in the statement under Section 164 Cr.P.c. is false. There is no injury on the private part of the victim as per he medical report. the applicant is languishing in jail since 29.12.2016 without having any previous criminal antecedents. The co-accused Vinod Giri has been enlarged on bail by this Court vide order dated 05.07.2019 passed in bail No. 1159/2019.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Baba Ram Pravesh Giri @ Giri Baba, involved in Case Crime/F.I.R. No. 703/2016, under Sections 377/Section506/Section34 IPC and Section 3/4 of POCSO Act, Police Station – Ashiyan, District – Lucknow, 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 12.12.2019