Criminal bail application allowed for applicant accused of rape under IPC and POCSO. Court held that despite opposing arguments, applicant made out a case for bail. Release granted on personal bond and two sureties.
Applicant released on bail by furnishing a personal bond and two sureties each in likemount to the satisfaction of the court.
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Neutral Citation No. - 2023:AHC:113820
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16971 of 2023
Applicant :- Sunil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Avtar Sharma,Abhay Raj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
It has been informed by learned AGA that service of notice upon informant is sufficient.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 171 of 2022, under Sections 376 of IPC and Section 3/4 of POCSO Act, Police Station Rehra, District Amroha with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Victim in her statement under Section 161 Cr.P.C. did not made any allegation of committing rape against the applicant. During her medical examination no injury was seen on her person. No redness was also found on her private part. It is further submitted that in her statement under Section 164 Cr.P.C. she improved her statement and made allegation that two persons having similar name as Sunil including applicant and another person Mahesh committed rape upon her which is not corroborated by the medical evidence. It is further submitted that applicant is languishing in jail since 30.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence
and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sunil in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 23.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail in an FIR under Section 376 IPC and POCSO Act.
Whether medical evidence and victim's changed statement are relevant for grant of bail.
Sunil
State Of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
