Court allowed bail application for accused Om Prakash charged under IPC and POCSO Act. Court noted lack of early trial conclusion and absence of tampering evidence, enabling release on personal bond and sureties with strict conditions.
Applicant released on bail by executing personal bond and two sureties in the like amount; strict conditions imposed.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27770 of 2018
Applicant :- Om Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
Submission of learned counsel for the applicant is that according to the medical examination, the age of the victim was found to be of about 16 years or 17 years but she was much above of that age at the time of incident and she was fully grown up major girl. Further submission is that no allegation against the applicant was made in the F.I.R. Even when she was examined by the Magistrate for the first time she did not make any allegation against the applicant. But later on when she was again examined before the Magistrate for the second time, she made allegations against the applicant for having taken the victim to some 'math' and having dropped her there. No allegation of rape was made against the applicant even when she was examined by the Magistrate for the second time. It was also submitted that the co-accused Sudama has already been released on bail, with whom the victim admitted to have had love relationship and with whom she wanted to have marriage. Submission is that in the aforesaid circumstances, a prima facie case for bail in favour of the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required a nd is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 19.4.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Om Prakash, involved in Case Crime No. 13 of 2018, u/ss. 363, 376-D I.P.C. and Section 5/6 Protection of Children from Sexual Offences Act, 2012, P.S.- Harpur Budhat, District- Gorakhpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following
conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.7.2018
Naresh
3 issues framed by the court
Whether bail should be granted in a case involving charge of kidnapping and aggravated sexual assault on a minor under IPC and POCSO Act.
Whether the applicant has obstructed the course of justice or tampered with evidence.
Whether the delay in trial justifies granting bail.
2 provisions across 2 enactments
Om Prakash
State Of U.P.
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
