An accused can be granted bail even in serious offenses like POCSO Act cases if there are material contradictions in the victim's statements and the medical examination report does not provide a definite opinion about sexual assault.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47820

of 2022

Applicant :- Faiz

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Vikrant Gupta

Counsel for Opposite Party :- G.A.,Pankaj Kumar Srivastava

Hon'ble Dr. Gautam Chowdhary,J.

1. Heard learned counsel for the applicant, Sri Pankaj Kumar

Srivastava, learned counsel for the opposite party no.2, learned

A.G.A for the State and perused the record.

2. It has been argued by learned counsel for the applicant that

the applicant is innocent and has been falsely implicated in the

present case. He further submits that there are material

contradictions between the statements of the victim recorded

under Section 161 Cr.P.C. and 164 Cr.P.C. He further submits

that in her statement recorded under Section 161 Cr.P.C. victim

has stated that she was having love with the applicant whereas

in her statement recorded under Section 164 Cr.P.C. she resile

from her previous version. He further submits that she was

medically examined and as per medical examination report, no

definite opinion about sexual assault can be given. It has also

been assured on behalf of the applicant that he is ready to

cooperate with the process of law and shall faithfully make

himself available before the court whenever required and is also

ready to accept all the conditions which the Court may deem fit

to impose upon him. He next submits that applicant is

languishing in jail since 14.05.2022 having no criminal history.

3. Learned A.G.A. has opposed the prayer for bail.

4. Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties, nature of

evidence, and all attending facts and circumstances of the case,

without expressing any opinion on merits of the case, this Court

is of the view that the applicant has made out a case for bail.

Hence the bail application is allowed.

5. Let applicant Faiz involved in Case Crime No. 189 of 2022,

under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police

Station Bilaspur, District Rampur, be released on bail on

furnishing a personal bond and two heavy local sureties each of

the like amount to the satisfaction of the court concerned

subject to the following conditions:-

A. The applicant shall not tamper with the evidence during the

trial.

B. The applicant shall not pressurize/ intimidate the prosecution

witness.

C. The applicant shall appear before the trial court on the date

fixed, unless personal presence is exempted.

D. The applicant shall not commit an offence similar to the

offence of which he is an accused, or suspected, of the

commission of he is suspected.

E. 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 them from disclosing such

facts to the Court or to any police officer or tamper with the

evidence.

In case of breach of any of the above condition, the trial Court

shall be at liberty to cancel the bail of the applicant in

accordance with law.

Order Date :- 4.1.2023

AKT

Digitally signed by :-

ASHOK KUMAR TRIPATHI

High Court of Judicature at Allahabad