HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 25128 of 2019
Applicant :- Nanhey @ Jagesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta
Counsel for Opposite Party :- G.A.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there is no consistency in the FIR, the statements of the victim and the witnesses under Section 161 Cr.P.C. and the statement of the victim under Section 164 Cr.P.C. As compared to the FIR the allegations in the statement of the victim under Section 164 Cr.P.C. appears to be exaggerated. The allegation of rape has also been leveled when no such incident is proved from the medical report of the victim. Although the victim is minor but it has been submitted that the applicant has been falsely implicated in this case on account of rivalry in the village. The applicant is in jail since 29.04.2019 and has no 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 Nanhey @ Jagesh, be released on bail in Case Crime No. 126 of 2019, under Section 354 IPC Section 7/8 POCSO Act, Police Station- Alapur, District- Budaun, 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 :- 31.10.2019