Second bail application where applicant claimed innocence due to complainant and victim turning hostile. Court allowed bail subject to personal bond, two sureties, and conditional release.
Applicant released on bail subject to personal bond and two sureties and conditions not to tamper with evidence or misuse liberty.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56344 of 2022
Applicant :- Himanshu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri S.S. Rajput, learned counsel for the applicant and the learned AGA for the State and perused the record.
This is second bail application on behalf of the applicant. The first bail application was rejected by Hon'ble Ajit Singh, J. vide order 23.5.2022 by coordinate Bench of this Court in Criminal Misc. Bail Application No.8665 of 2022.
As per office report dated 13.2.2023, the instant second bail application is listed before this Court in compliance of order of Hon'ble the Chief Justice dated 3.2.2023. Notices issued to opposite party Nos. 2 and 4 have been duly served as per report of Incharge Chief Judicial Magistrate, Aligarh dated 27.1.2023.
No one has put in appearance on behalf of the informant.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The complainant and the victim have appeared before the trial Court as P.W.-1 and P.W.-2 and their statements have been recorded, in which they have denied the prosecution case and have been declared hostile. The statements of the complainant (P.W.-1) and the victim(P.W.-2) have been annexed as annexure 3 and 4 of the affidavit filed in support of the bail application. The applicant has no criminal history. The applicant is in jail since 27.2.2021 and if released on bail, he will not misuse the liberty of bail.
On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact.
In view of the subsequent development and the fact that the complainant and the victim have become hostile, the applicant is entitled to bail. The bail application is allowed.
Let applicant- Himanshu be released on bail in Case Crime No.031 of 2021, under Sections 452, 376D, 323, 506 IPC read with Section 5/6 Protection of Children from Sexual
Offences(POCSO) Act, 2012, Police Station Chharra, District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 13.2.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be allowed when complainant and victim have turned hostile after recording statements.
Whether the applicant is entitled to bail due to lack of criminal history and role of the court's compliance.
2 provisions across 2 enactments
Himanshu
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
