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Shyam Babu Alias Nanhey vs State Of U.P. on 15 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 16071 of 2018

Applicant :- Shyam Babu Alias Nanhey

Opposite Party :- State of U.P.

Counsel for Applicant :- Narendra Deo Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. F.I.R. in the present matter was lodged for the offence under Sections 354, 504, 506, 323 IPC and 7/8 POCSO Act. When victim was interrogated by the Investigating Officer, same facts, as mentioned in the F.I.R., were stated by her. For the first time after a gap of 26 days when statement of victim under Section 164 CrPC was recorded, she only stated that “Hamko pakarkar apne ghar hamare sath galat kam kiya”Referring to said statement of the victim, it is submitted that no specific word to attract the offence under Section 376 IPC was stated by her. If for the sake of argument, statement of victim recorded under Section 164 CrPC is taken into consideration, then also only offence under Section 354 IPC may be attracted in the matter. It is further submitted that till today only charge has been framed in the matter. No prosecution witness has been examined. The applicant has no criminal history. He is languishing in jail since 17.12.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Shyam Babu Alias Nanhey involved in Case Crime No. 155 of 2017, under Sections 323, 504, 506, 376 (2)(1) IPC and 3/4 POCSO Act, P.S. Lalapur, District – Allahabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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 he is accused, or suspected, of the commission of which he is 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.

The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 15.7.2021

safi

 

 

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