The Single Judge granted bail to the applicant Hari Kishan in a POCSO and rape case, noting the prosecutrix has turned hostile and another co-accused was already released, without expressing an opinion on the merits.
Released on bail subject to a personal bond, two reliable sureties, and conditions not to tamper with evidence or witnesses and to appear in court.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49624 of 2019
Applicant :- Hari Kishan Opposite Party :- State of U.P. Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This is second bail application of the applicant Hari Kishan.
Heard Sri R.K. Singh Gaharwar, learned counsel for applicant as well as learned A.G.A. on behalf of State and perused the record.
The present bail application has been filed by the applicant-Hari Kishan in Case Crime No.51 of 2017, under Sections 363, 366, 376 D IPC and 5/6 of POCSO Act, P.S. Bilhaur, District Kanpur Nagar with the prayer to enlarge him on bail.
Learned counsel for the applicant has argued that the coaccused Vikas against whom the prosecution has also levelled allegation of committing rape, has already been granted bail by this Court in Crl. Misc. Bail Application No.26710 of 2018 vide order dated 19.9.2019. He has submitted that during trial, the prosecutrix has been examined as P.W. 1 and she has completely denied from the statement given under Section 164 Cr.P.C. and has been declared hostile from the prosecution. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.02.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Hari Kishan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1.The applicant shall not tamper with the prosecution evidence;
2.The applicant shall not pressurize the prosecution witnesses;
3.The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 9.12.2019 Meenu
2 issues framed by the court
Whether the applicant, charged with multiple sexual offences including POCSO violations, is entitled to bail given the hostility of the prosecutrix.
Whether the grant of bail to a co-accused affects the entitlement of the present applicant to bail.
5 provisions across 2 enactments
Hari Kishan
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
