Single-judge criminal bail order granting bail to the applicant in a rape and sexual assault case involving delayed FIR and charge enhancement. Bail conditioned upon furnishing sureties and personal bond.
Released on bail on personal bond and two sureties with conditions against tampering and attending trial.
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Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10897 of 2019
Applicant :- Ahibaran Singh Opposite Party :- State Of U.P.. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. 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 case. He further submits that in this case there is eight days' delay in filing the F.I.R. and there is no plausible explanation with regard to delay. Initially F.I.R. was lodged against the applicant under Section 363, 366 I.P.C. Later on, on the basis of statement recorded under Section 161 Cr.P.C. of the prosecutrix offence under Section 376 I.P.C. was levelled against the applicant. Under Section 164 Cr.P.C. the prosecutrix has deposed allegation of rape against the applicant. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 22.12.2018..
Learned A.G.A. opposed the bail prayer.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Ahibaran Singh involved in Case Crime No. 276 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 of the POCSO Act, P.S. Nidhauli Kalan, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 13.3.2019
A. Pt. Singh
2 issues framed by the court
Whether the applicant is eligible for bail in a complaint involving offences under Sections 363, 366, 376 IPC and POCSO Act.
Whether the eight-day delay in FIR filing and change of charge from kidnapping/human trafficking to rape/sexual abuse warrants bail.
Ahibaran Singh
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
