Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29608 of 2021 Applicant :- Abdul Waheed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Fateh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Alleged incident has been shown of 15/16.03.2021 but FIR has been lodged after 12 days on 28.03.2021. In her statement, recorded under Section 161 Cr.P.C., victim has stated that she herself has gone from her house and no-one has enticed her away and she reached at Bareilly and thereafter went to Delhi and from there she has gone to Sangli (Maharastra) and met applicant and no bad act was done with her. It has been further submitted that in her statement, recorded under Section 164 Cr.P.C., victim has stated her age as 19 years and that she has stated that she herself has gone to Sangli (Maharastra) and there she met applicant and she remained there with him for three days and applicant has not done anything forcibly and that no physical relations were established. Learned counsel has submitted that in view of above statement of victim girl, recorded under Section 164 Cr.P.C., there are no allegations of kidnapping or of rape against applicant. Learned counsel has submitted that alleged school certificate, which has been relied by prosecution regarding date of birth of victim is not reliable document and in fact she is a major girl and that she herself has stated her age as 19 years. It has been submitted that the applicant is languishing in jail since 05.04.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that as per school certificate, the victim is a minor girl.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Waheed involved in Case Crime No.156 of 2021, under Sections 363, 376(3) IPC and 3/4(2) of POCSO Act, P.S. Bhojipura, District Bareilly, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 Neeraj