Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 383 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Kasimabad, District Ghazipur, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the medical opinion the victim is aged about 17 years.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of victim recorded under Section 164 Cr.P.C., in which, she has categorically stated that she had fallen in love with the applicant and wanted to marry him, but her parents were not agreeable, as such on 28.09.2020 she went to Banaras along with applicant on her own free will and volition and thereafter she went to Bombay by boarding a bus along with applicant and on 03.10.2020 she had married him in a temple and stayed there in a room and started living as husband and wife and made physical relations with him. Looking to the statement of the victim recorded under sections 164 Cr.P.C., prima facie a case for bail is made out.
It is next submitted that the applicant is in jail since 23.11.2020 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. and learned counsel for the first informant has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 23.11.2020 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Achchelal Sahani be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicant will not tamper with the witnesses.to
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 25.1.2021 v.k.updh.