Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48304 of 2022

Applicant :- Vishal

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

Counsel for Applicant :- Anurag Sharma,Nilesh Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Anurag Sharma, learned counsel for the applicant, learned counsel

for the State and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has

been filed by the applicant Vishal, seeking enlargement on bail during trial in

connection with Case Crime No. 223 of 2022, under Sections 363, 366, 376

IPC and section 3/4 POCSO Act registered at P.S.- Mansoorpur, District-

Muzaffarnagar.

The submission advanced by learned counsel for the applicant is that the

applicant is innocent and has been falsely implicated in the present case due to

ulterior motive. In the statement of the victim recorded under section 164

Cr.P.C. in which she has stated before the Magistrate that she went with her

cousin with her own sweet will as her mother has scolded her. According to

adhaar card the victim is major and as per medical report no external injury

was found on her body. There is also material contradiction in her statement

recorded under sections 161 and 164 Cr.P.C. Several other submissions in

order to demonstrate the falsity of the allegations made against the applicant

have also been placed before the Court. The circumstances which, according

to the counsel, led to the false implication of the accused have also been

mentioned. 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. It is further

contended by learned counsel for the applicant that the applicant is

languishing in jail since 2.9.2022 having no criminal history.

Per contra, learned AGA for the State has opposed the prayer for bail.

After perusing the record in the light of the submissions made at the bar and

after taking an overall view of all the facts and circumstances of this case, the

nature of evidence and also the absence of any convincing material to indicate

the possibility of tampering with the evidence, this Court is of the view that

the applicant may be enlarged on bail.

Let the applicant- Vishal, be released on bail in the aforesaid case crime

number on furnishing a personal bond and two heavy sureties each in the like

amount to the satisfaction of the court concerned with the following

conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm

or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every

date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek

any adjournment on the date fixed for evidence when the witnesses are

present in court. In case of default of this condition, it shall be open for the

trial court to treat it as abuse of liberty of bail and pass orders in accordance

with law.

(iv) The applicant will not misuse the liberty of bail in any manner

whatsoever. In case, the applicant misuses the liberty of bail during trial and

in order to secure his presence proclamation under section 82 Cr.P.C., may be

issued and if applicant fails to appear before the court on the date fixed in

such proclamation, then, the trial court shall initiate proceedings against him,

in accordance with law, under section 174-A I.P.C.

(V) The applicant shall remain present, in person, before the trial court on

dates fixed for (1) opening of the case, (2) framing of charge and (3)

recording of statement under Section 313 Cr.P.C. If