1. Heard Sri Vineet Kumar Singh, learned counsel for the applicant and learned AGA for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Reeta @ Reena @ Reeta Devi, seeking anticipatory bail in Case Crime No. 254 of 2018, under Sections - 363, 366, 120-B IPC & Section 16/17 of POCSO Act, Police Station - Paniyara, District - Maharajganj, during the pendency of trial.
3. Learned counsel for the applicant has submitted that offence alleged does not fall within the category of Section 438(6) of Cr.P.C.. The applicant is innocent and she has been falsely implicated in the present case. The victim is said to have been recovered by the police near Mujuri Nahar Chauraha, Maharajganj and the prime accused Ravindra was arrested along with her on 31.12.2018. The statement of victim under Sections 161 and 164 were recorded. In the medical examination the age of victim was opined to be 17 years. There is inconsistency in the statements of the victim recorded under Sections 161 and 164 Cr.P.C.
4. Learned AGA vehemently opposed the contentions raised on behalf of the applicant.
5. The statement of victim recorded under Section 161 Cr.P.C. has been annexed as Annexure-4 to the affidavit in which no role has been assigned to the applicant while in the statement under Section 164 Cr.P.C. the role of applicant is shown that she was sent along with Dashrath.
6. In view of contradictory statements of the victim the present applicant deserves for release on anticipatory bail.
7. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
8. Let applicant, Reeta @ Reena @ Reeta Devi, involved in the aforesaid case crime, he shall be released on anticipatory bail during trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court concerned on the following conditions:
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(ii) 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.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) The applicant shall cooperate in the trial before the court below and in case of non-cooperation the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.
9. Present application is disposed of.
Order Date :- 26.8.2021 Prajapati