Per contra, learned AGA has opposed the bail prayer submitting that the photographs of the victim sent by the phone of the applicant to other phone numbers have been found during investigation and i.e. part of the case diary. Perused the record.
Perusal of the counter affidavit shows that the question was
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framed as to whether from the mobile number of the applicant any obscene photograph has been sent to the other mobile numbers. There is nothing on record to answer that specific question and neither learned AGA could show that any reply from the FSL laboratory Varanasi has been received. On due consideration to the contradictory statements of the victim under Section 161 and 164 Cr.P.C.; supurdagi nama; four months delay in lodging FIR, coupled with the fact that the applicant is languishing in jail since 29.05.2022 without having any criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Rajesh Verma, involved in Case Crime/FIR No. 100/2022, under Sections 366/376/506 IPC and Section 67A IT Act, Police Station - Lilapur, District - Pratapgarh, be released on bail on his furnishing a personal bond and two 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 the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial
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and in order to secure his presence proclamation under Section
82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
Order Date :- 13.2.2024
R.C.
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