Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 196/2020, under Sections 363, 366, 376(3) IPC and Section 3/4 of POCSO Act, police station Gursarai, District Jhansi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that victim girl has stated her age as 16 years and that in her statements recorded under Sections 161 and 164 Cr.P.C., she has stated that she has gone with applicant with her own free will and that she has married with applicant. It was further submitted that victim girl has not made any allegation of rape against the applicant. It has also been pointed out that after this incident, father of victim girl has refused to take her custody. It has further been argued that the applicant is in judicial custody since 18.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for first informant have opposed the prayer for bail and argued that victim is a minor girl. It was submitted that the date of birth of victim girl is 18.06.2005 and thus at the time of incident she was minor. However it could not be disputed that in her statements recorded under Sections 161 and 164 Cr.P.C., she has not made any allegation of rape against the applicant.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Abhishek @ Harikishore involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 24.8.2021 Anand