Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16205 of 2019 Applicant :- Abdul Rahman Opposite Party :- State Of U.P.
Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Offence is said to have been committed on 23.06.2018. FIR was lodged on 06.07.2018. Age of the victim is shown in the FIR as about 16 and half years. Referring to the Annexure-4A, it is next contended that in the X-ray, all the Epiphysis of the body of the girl were found fused. No supplementary report is prepared regarding the age of the victim. At this juncture, learned counsel for the applicant also referred to the statement of the victim recorded under Section 164 Cr.P.C. and argued that victim was major and she eloped with the accused applicant at her own will and stayed for about 15 to 20 days alongwith him. It is further submitted that offence under Section 376 IPC is not attracted in the present matter. The applicant has no criminal history. He is languishing in jail since 04.08.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Abdul Rahman involved in Case Crime No. 413 of 2018 (S.S.T. No. 103 of 2018), under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kaimganj, District - Farrukhabad be released on bail on furnishing a personal bond and two heavy 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 he is accused, or suspected, of the commission of which he is 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.4.2019 Sanjeet