Allowed bail in an appeal under Sections 302, 376 IPC and POCSO Act. The court noted hostile prosecution witnesses and the applicant's clean record.
Release on bail with personal bond, sureties, and conditions against tampering and appearance.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3095 of 2023
Applicant :- Lal Ji @ Chotkau Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Pawan Kumar Mishra, the learned counsel for the applicant and Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime no. 36 of 2022, under Sections 302, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Bhinga, District Shrawasti.
The aforesaid case has been registered on the basis of F.I.R. lodged on 02.02.2022, alleging that the applicant came to the informant's house along with one Ram Naresh; that when the informant's daughter aged about 14 years had went to fetch water from the hand pump installed in the rear yard, the applicant caught hold of her with an evil intention and took the informant's daughter to the roof top and killed her by strangulating with her dupatta.
During trial, the statement of the informant and another witness Basanti, who is a cousin of the deceased, has been recorded and both of them have not supported the F.I.R allegations and they were declared hostile. Even in their cross examination, nothing adverse to the applicant came to light.
In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant and another witness-Basanti have not supported the F.I.R. allegations and have become hostile; and that the applicant has no criminal history and he is languishing in jail since 02.02.2022, without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
Accordingly, this bail application stands allowed.
Let the applicant Lal Ji @ Chotkau be released on bail in Case Crime no. 36 of 2022, under Sections 302, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Bhinga, District Shrawasti, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions: -
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
(Subhash Vidyarthi,J.)
Order Date :- 5.4.2023 Preeti.
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant满足 bail conditions given hostile prosecution witnesses and lack of criminal history.
Lal Ji @ Chotkau
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
