Allahabad High Court
Billu vs State Of U.P. And Another on 24 January, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40211 of 2020
Applicant :- Billu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saurabh Kumar,Arvind Kumar Srivastava,Shailesh Kumar Srivastava,Vivek Dhaka
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. The notice to the informant as reported by learned AGA has been served on 11.3.2021, the report is filed with the counter affidavit.
3. Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No. 202 of 2019, under Sections 376, 452, 504, 506 I.P.C. and Section 3/4 of POCSO Act, Police Station Sahapur, District Muzaffar Nagar, during the pendency of trial.
5. As per prosecution story, the applicant is stated to have ravished the minor daughter of the informant on 24.6.2019 at about 01:30 p.m. by taking her forcibly towards sugarcane field.
6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel has stated that no injury was sustained by the victim on her internal or external part of the body. Learned counsel has stated that the applicant is in jail since 26.6.2019 and the charge was framed against him on 7.3.2022. Learned counsel has stated that no prosecution witnesses have turned up despite coercive measure being taken up by the court and the applicant is incarcerated in jail since more than three and half years. There is no likelihood of conclusion of trial in near future. Learned counsel has invoked Article 21 of the Constitution of India, thereby applicant is entitled for bail as laid down by the Apex Court in several judgments. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that victim was minor and as per ossification test report she was found to be 16-17 years of age.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the 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.
9. Let the applicant- Billu involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v). 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 or to any police officer or tamper with the evidence.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 24.1.2023/Vikas
