In the absence of convincing evidence of tampering with evidence and a lack of criminal history, bail may be granted even in serious cases like those involving allegations under the POCSO Act.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41001 of 2022

Applicant :- Praveen Sharma

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

Counsel for Applicant :- Ashok Kumar Dwivedi

Counsel for Opposite Party :- G.A.,Ravindra Nath Yadav,Santosh Kumar

Verma

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Ashok Kumar Dwivedi, learned counsel for the applicant,

learned counsel for the State, Ravindra Nath Yadav, learned counsel for

the informant and perused the material on record.

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

been filed by the applicant Praveen Sharma, seeking enlargement on bail

during trial in connection with Case Crime No. 397 of 2021, under

Sections under section 363, 366, 376, 323, 504, 506 IPC and section 5/6

POCSO Act, registered at P.S.- Parasrampur, District- Basti.

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. There is contradiction in the statement of victim

recorded under section 161, 164 Cr.P.C. According to medical examination

report the victim is aged about 20 years and doctor has no definite opinion

of rape. 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

24.6.2022 having no criminal history.

Per contra, learned AGA and learned counsel for the informant have

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- Praveen Sharma, 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 in the opinion of the

trial court absence of the applicant is deli