Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57041 of 2019 Applicant :- Aajam Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Krishna Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is 17 years. Given margin of two years on higher side, she can be considered to be major. The applicant is said to be brother-in-law (jija) of the co-accused, Mayur, whom the victim had consenting relation-ship. It has been submitted that since marriage of the victim with the co-accused, Mayur, could not take place, she has falsely implicated the applicant along with co-accused, Mayur. Even otherwise no allegation of rape has been levelled against the applicant. The applicant is in jail since 01.09.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Aajam involved in Case Crime No.221 of 2019, under Sections 376(D) IPC, 5(g)/6 POCSO Act, as S.T. No.805 of 2019, Police Station Dilari, District- Moradabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 19.12.2019 SS