The High Court allowed the bail application of the accused charged under sections 376, 511, 506 IPC and section 8 POCSO Act, granting bail on personal bond with two sureties and strict conditions regarding tampering with evidence and witnesses.
Grant of bail on personal bond with two sureties and undertaking to not tamper with evidence or harass witnesses.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25433 of 2018
Applicant :- Ramji Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 204 of 2017, under Sections 376, 511, 506 I.P.C. and section 08 POCSO Act, P.S. Kotwali Karvi, District Chitrakoot.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; even though there are statements of the victim recorded under Sections 161 and 164 Cr.P.C., however the contention is that the girl has been examined as PW2 during trial where she has been declared as hostile, copy of the statement has been annexed as SA-1 to the supplementary affidavit dated 22.4.2019. The accused applicant is in jail since 17.5.2018 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Ramji Pandey involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.7.2019 Kuldeep
2 issues framed by the court
Whether bail is to be granted to the applicant in the present criminal proceedings.
Whether the prima facie contention of false implication can be treated as a ground for bail at this stage.
2 provisions across 2 enactments
Ramji Pandey
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
