HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38317 of 2019
Applicant :- Ravi Prakash
Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that it is a case of false implication. The scribe of the first information report, Brahmdutt Shukla, is the village Pradhan and he got the same registered only to implicate the applicant as father of victim belongs to the rival party of the village. It has been submitted that the victim is aged about 12 years and she has been set-up only to falsely implicate the applicant. The applicant is aged about 18 years and his father belongs to the rival party of the father of the victim and hence he has been falsely implicated. The applicant is in jail since10.08.2019 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, Ravi Prakash, involved in Case Crime No.116 of 2019, under Sections 354 IPC and Section 7/8 of the Protection of Children From Sexual Offence Act, Police Station Amritpur, District- Farrukhabad 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 :- 23.9.2019