Allahabad High Court
Bhoora @ Ranjeet Giri vs State Of U.P. And Another on 4 February, 2020
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57658 of 2019 Applicant :- Bhoora @ Ranjeet Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of State, is taken on record.
Heard Sri Sudhir Kumar, learned counsel for the applicant, Sri Azad Singh, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There are several contradictions between the statement of victim recorded u/s 161 Cr.P.C. and 164 Cr.P.C. It is further submitted that as per statement given before the Medical Officer by the mother of the victim, she did not want to perform her daughter medical. As per x-ray report the doctor opined the age of victim about 18 years. The applicant has not committed any offence as stated by prosecution. There is no independent witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 09.08.2019 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Bhoora @ Ranjeet Giri be released on bail in Case Crime No. 928 of 2019, under Sections 363, 366, 376/511, 506 IPC & Section 8 of Protection of Children from Sexual Offences Act 2012, Police Station- Baradari, District- Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Order Date :- 4.2.2020 Arti