Rohit vs State Of U.P.
2016 Latest Caselaw 5609 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28843 of 2016
 
Applicant :- Rohit
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajiv Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant as well as learned AGA for the State and and perused the record.

As per prosecution story on 15.07.2016 prosecutrix was kidnapped by two unknown persons riding on one motorcycle, and information was also given by the prosecutrix on 17.07.2015 upon phone to the complainant/father. During the statement under Section 164 Cr.P.C. prosecutrix supported the case of prosecution and also given statement against her borther-in-law Raj Kishor regarding rape and kidnapping.

It is submitted by learned counsel that applicant has been implicated falsely in the matter and he has not kidnapped the prosecutrix and moreover prosecutrix in her statement during the trial has not supported the case of prosecution and has clearly stated that she alongwith her mother went to the place of her brother-in-law Raj Kishor. It is also stated by her that statement under Section 164 Cr.P.C. was given under duress and upon pressure of police. She also resiled from the statement given to the investigating officer under Section 161 Cr.P.C. It is further stated by the prosecutrix that by anger her father got the first information report lodged against her brother-in-law.

Learned AGA vehemently opposed the prayer for bail, but could not dispute with the aforesaid facts.     

Seeing the facts and circumstances of the case, as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. 

Let the applicant-Rohit, involved in Case Crime No. 160 of 2015, under Sections 363, 366, 376,  IPC and 4 Pocso Act, Police Station Mau, District Chitrakoot, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

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 order granting bail shall automatically be cancelled.

Order Date :- 1.9.2016/VKG