HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43483 of 2019
Applicant :- Mukesh Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that in the first information report, it has been alleged that when the victim was attending call of nature the applicant tried to grab her in field by pulling her hand and on crying for help her brother, Teshildar, came on the spot and the applicant left her and ran away. In the statement of the victim under Section 164 Cr.P. C. she has stated that when the applicant was trying to outrage her modesty, she made call for help but no one came. She ran away and informed her mother about entire incident. It has been submitted that there is vital contradiction in the statement of the victim under Section 164 Cr.P.C and the first information report. Applicant is in jail since 01.07.2019.
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, Mukesh Kumar, involved in Case Crime No.699 of 2016, under Section 354 IPC and Sections 3/Section4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Auraiya, District- Auraiya 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 :- 19.10.2019