Tuesday, September 26, 2023

Allahabad High Court grants conditional bail to minor rape accused on personal bond and two sureties

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The Allahabad High Court has granted conditional bail to the accused of raping a minor girl and has directed to release him on personal bond and two sureties.

A Single Bench of Justice Gautam Chowdhary passed this order while hearing a Criminal Misc Bail Application filed by Saurabhpal.

It has been argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in the case.

Counsel further submitted that during the pendency of the bail application, the trial of the aforesaid case commenced and the statement of the victim recorded before Court and she turned hostile.

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 submitted that the applicant is languishing in jail since12.04.2022 having no criminal history.

Counsel for the first informant and A.G.A have opposed the prayer for bail but could not dispute the fact that the victim became hostile.

“Considering the entire facts and circumstances of the case, submissions of the 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, the Court is of the view that the applicant has made out a case for bail”, the Court observed while allowing the bail application.

The Court ordered that,

Let applicant Saurabhpal involved in Case under Sections 376 (3), 506 IPC, and Section 5/6 of POCSO Act, Police Station Majhola, District Moradabad, 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 which 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 conditions, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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