HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13553 of 2019
Applicant :- Harish
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that there are vital contradictions in the statement of the victim under Sections 161 and Section164 Cr.P.C. In her statement under Section 161 Cr.P.C she did not alleged any offence of rape. However, in her statement under Section 164 Cr.P.C. she has levelled such an allegation. Thereafter again her mazeed statement was recorded, wherein she withdrew allegation of rape against the applicant. Thereafter he has been implicated under Section 354 I.P.C. and 7/8 of POCSO Act. The applicant is in jail since 07.02.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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, Harish involved in Case Crime No.7 of 2019, under Sections 354 IPC and 7/8 POCSO Act, Police Station Dataganj, District- Budaun 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 13.9.2019