Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30260 of 2021 Applicant :- Afroz @ Guddu Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present for the informant. Crl. Misc. Exemption Application No.1 of 2021 is allowed.
Heard learned counsel for the applicant as well as the 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. No prima facie case is made out against the applicant. Referring to the radiological age of the victim, it is further submitted that she was found about 19 years of age. It is next argued that date and time of the incident has not been disclosed in the F.I.R. as well as in the statement under sections 161 and 164 Cr.P.C. Referring to the statement of the victim recorded under sections 161 and 164 Cr.P.C., it is further submitted that she herself has accepted the amount said to have been sent by the applicant and left her house to go to Gujarat. This fact itself shows that she was a consenting party. Thus, referring to the entire evidence collected in the matter, it is further argued that applicant is languishing in jail since 14.5.2021 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, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 161 / 164 CrPC, the medical evidence, 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 Afroz @ Guddu involved in Case Crime No.29 of 2021, under Sections 363, 376 IPC and 3 (2) 5 S.C./S.T. Act and 3/4 POCSO Act, P.S. Parsamalik, District - Maharajganj 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.
1. The applicant will not tamper with the evidence during the trial. The applicant will not pressurize/ intimidate the prosecution witness.
2. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
3. 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 :- 28.10.2021 ss