Allahabad High Court
Bittu @ Navneet vs State Of U.P. on 17 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3318 of 2018
Applicant :- Bittu @ Navneet
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Dev,Atul Kumar Singh,Kripa Shanker Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
This is 2nd bail application of the applicant. The first bail application of the applicant was rejected on merit by another bench of this court vide order dated 12.9.2017.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The FIR was lodged by the father of victim namely Chandra Kishore. During trial the statement of informant Chandra Kishore has been recorded as P.W. 1 and the statement of victim has been recorded as P.W. 2. P.W. 1 Chandra Kishore (informant) in his cross-examination has stated that he had not seen the alleged incident. His daughter told to him about the alleged incident. He further stated that he had not seen any injury on the person of victim. The applicant had not given any threat to his daughter. The victim (P.W. 2) in her statement has not supported the prosecution version and has been declared hostile. In her statement she has clearly stated that applicant had not committed rape upon her. She further stated that she had not told to anyone about the alleged incident. The victim in her statement has not made any allegation against the applicant. There is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. The medical report also does not corroborate the prosecution version. The applicant has no criminal history and is in jail since 31.3.2017.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Bittu @ Navneet involved in Case Crime No. 296 of 2017, under section 376, 323, 506 IPC and 3/4 POCSO Act, P.S. Majhola, District Moradabad be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 17.5.2019
Masarrat
