Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27754 of 2018 Applicant :- Ajab Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivangi Bhargava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for applicant is that victim has been found to be about 17 years of age according to medical examination but actually she was much above that age and was fully grown up major girl at the time of incident. Further submission is that according to the contents of the FIR itself the victim was coaxed and cajoled by the accused and there is no allegation of any coercion having been exercised upon the victim and there is no indication from the contents of the FIR that she had not gone along with the applicant with consent or had gone against her will. Further submission is that when the victim was examined by the Investigating Officer, she in her statement also had given story that she was carried by the applicant on bike and then she was asked to cover her face, which she did, and that is why she could not know where was she taken by the applicant. Submission is that even this circumstance is strongly indicating that she did not want herself to get detected or seen by others, otherwise there was no reason why she would cover her face on the asking of accused. Further submission is that versions of victim given to the police and the Magistrate are also indicative of the fact that she herself has been a consenting party all the time. Prosecution story is that after she was kept for the whole night by the accused, some other person was also called up to bring his car and then the victim was sent with other person and it was promised that he would come again the next evening but when the accused did not turn up on the next evening the other person brought her back and left her at some place telling the victim that he was going to withdraw some money from ATM. It was only when the other person also did not turn up then the victim went to the police station. Submission is that all these circumstances are indicating that she was not at all under any coercion and she was all the time a willing party as she had gone with the accused on her own will. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 09.03.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Ajab Singh involved in Case Crime No.0063 of 2018, u/s 363, 366, 506, 376 I.P.C. 3/4 POCSO Act and 3(2)V S.C./S.T. Act, P.S.-
Tanda District-Rampur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.7.2018 shiv