Allahabad High Court
Vinod vs State Of U.P. on 8 March, 2016
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 10001 of 2015
Applicant :- Vinod
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amrendra Singh
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of applicant be taken on record.
Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that initially an NCR under Section 323 I.P.C. was lodged by the complainant against co-accused Rinku. Thereafter five days of the alleged incident this false F.I.R. has been lodged by the complainant. It has further been submitted that in medical report the age of the victim has been shown about 17 years. At the time of medical examination no mark of injury has been found on the person of victim. The medical report also does not corroborate the prosecution version. The statements of complainant Babu Ram and victim have been recorded as PW-1 and PW-2. PW-1 Babu Ram in his statement has stated that her daughter has not disclosed the name of applicant and co-accused for committing rape upon her. PW-2 the victim has also stated in her statement that she could not see and identify the person who had committed rape upon her. She has further stated that applicant has not committed rape upon her. The victim has not supported the prosecution version and she has been declared hostile. There is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. There is no criminal history of the applicant and he is in jail since 22.08.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Vinod involved in Case Crime No. 152 of 2015, Under Sections 363, 366, 376-D IPC and Section 3/4 of POCSO Act 2012, Police Station Hargaon, District Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 8.3.2016
Jitendra
