Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9866 of 2021 Applicant :- Adarsh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. The prosecutrix/victim girl is aged about 19 years and that her allegation that applicant has committed rape upon her during period of last two years on pretext of marriage is false and baseless. The alleged last incident of rape has been shown of 24.10.2020 but first information report has been lodged on 12.11.2020. It was submitted that entire facts and circumstances of the case clearly shows that prosecutrix was a consenting party and that she has lodged the first information report with malafide intention. It was further submitted that applicant is languishing in jail since 17.12.2020 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 applicant has committed rape upon victim on pretext of marriage.
Perusal of record shows that as per age certificate issued by C.M.O., Pilibhit, the age of prosecutrix is between 18-19 years and that as per her high school certificate also her age is about 19 years. In her statement, under Section 164 Cr.P.C., she has stated that she was having a lave affair with applicant since last two years and that applicant has established physical relations with her by promising marriage with her and that on 17.12.2020 applicant has also committed rape upon her and later on he has refused to marry with prosecutrix/victim.
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 Adarsh Kumar involved in Case Crime No.825 of 2020, under Sections 376, 504, 506 IPC, P.S. Pooranpur, District Pilibhit, 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 :- 12.8.2021 Neeraj