By means of this application the applicant Afsar @ Abhi @ Abhishek has prayed to release him on bail in Case Crime No. 176 of 2019, under Sections 363,376, 366 IPC and Section 3/4 POCSO Act, Police Station Month, District Jhansi.
Heard learned counsel for the applicant, learned counsel for the informant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 12.8.2019 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix is major. She has been held to be of 17 years in medical age determination by Medical Board which may be with two years either way. She was with applicant under her own consent. She travelled all through, but never raised any complaint at any point of time. She got married with applicant and before this report there was no protest or complaint. It was a consensual act as wife of applicant for which this accusation was lodged by informant. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard learned counsel for the parties and gone through the record, it is apparent that prosecutrix has been held to be of 17 years in medical age determination which may be two years variation either way. She in her statement under Sections 161 and 164 Cr.P.C. has said both lived at different places by traveling a lot with no protest or lodging of report at any point of time against the applicant. She got married with applicant.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Afsar @ Abhi @ Abhishek , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 8.1.2021 Ravi Prakash