High Court
Case Details
Neutral Citation No. - 2025:AHC:77952 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11524 of 2025 Applicant :- Kailash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present third bail application has been filed by the applicant-accused in Case Crime No. 191 of 2021, under Section 376-AB IPC and Section 5/6 of Protection of Children from Sexual Offences Act (POCSO), P.S.- Modi Nagar, District- Ghaziabad with the prayer to enlarge the applicant-accused on bail. 3. The second bail application of applicant was rejected by this Court vide order dated 05.03.2024, which is reproduced as under :-
Legal Reasoning
"1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant involved in case crime no. 191 of 2021, under Section 376-AB IPC and Section 5/6 Protection of Children from Sexual Offences Act (POCSO), P.S. Modi Nagar, District Ghaziabad with the prayer to enlarge him on bail. The first bail application of applicant was rejected by this Court vide order dated 13.1.2022, passed in Criminal Misc. Bail Application No.41276 of 2021. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The alleged incident has been shown at the house of informant, where several family members were present and thus, it is not probable that applicant might have molested the victim girl. Victim has not sustained any injury. The first bail application of applicant was rejected by this Court vide order dated 13.1.2022 but only two witnesses have been examined before the trial court so far, whereas, the applicant is in jail since 19.03.2021 and that trial of the case would take sufficiently long time. 4. Learned A.G.A. has opposed the prayer for bail and argued that victim is a nine years old girl and in her statement under Section 164 Cr.P.C., she has made clear allegations that applicant has molested her. 5. Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the second bail application of applicant Kailash is hereby rejected. 6. However, keeping in view of the period of incarceration of applicant-accused, the Trial Court is directed to expedite the trial and to decide the same as early as possible, preferably within a period of nine months from the date of receipt of the copy of this order, if there is no legal impediment. " 4. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The allegation that applicant has molested the victim is wholly false. At the time of alleged incident, father of victim was shown present and thus, such an incident is not probable. It was stated that there is matrimonial dispute between complainant and her husband and applicant has been falsely implicated merely because he is a friend of the husband of complainant. Age of the victim is stated to be about 9-10 years but she has not sustained any injury. It is further submitted that second bail application of application was rejected by this Court vide order dated 05.03.2024 and trial court was directed to expedite the trial and to decide the same preferably within a period of nine months but trial has not been concluded so far. The statement of complainant and of witnesses have already been recorded before the trial court and thus, there is no possibility of tampering with evidence. Referring to statement of victim, recorded before the trial court, it was pointed out that no specific allegation of rape has been made against the applicant. Co-accused Vinod has already been granted bail by the co-ordinate Bench of this Court. It was submitted that applicant is a physically challenged person and he is in jail since 19.03.2021 and that trial of the case is likely to take sufficient long time. It is further submitted that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first and second bail applications of applicant have already been rejected on merits. It was stated that the victim is a minor girl aged about nine years and she had made allegations of rape against the applicant. 6. Considering the submissions of learned counsel for the parties and all attending facts, particularly period of detention and statement of victim recorded before the trial court, without expressing any opinion on the merits, a case for bail is made out. Hence, the third bail application is hereby allowed. 7. Let the applicant-accused - Kailash, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 12.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad