Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25506 of 2020 Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Hemant Kumar Rai Counsel for Opposite Party :- G.A.,Rakesh Kumar Mishra
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ajay has prayed to release him on bail in Case Crime No. 15 of 2020, u/s 363, 366, 376, 506 I.P.C. and Section 3/4 PASCO Act, Police Station Patawai, District Rampur.
Heard learned counsel for the applicant, learned AGA representing the State and learned counsel for the informant. 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 25.02.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix is major. Though her date of birth given in the high school certificate is 8.9.2002. According to it, she was above 17 years on the alleged date of occurrence. For the four days, report was not lodged. There is variation in the statement recorded under Sections 161 and 164 Cr.P.C. Subsequently statement of prosecutrix has been recorded wherein she has narrated to be recovered from the public office. No medical proof of date of birth is there. It was a false implication. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application with this contention that prosecutrix is minor. She was abducted and subjected to rape by the applicant and it is very well there in the statement recorded under Section 161 and 164 Cr.P.C.
Having heard and gone through the materiel placed on record, it is apparent that first information report was delayed. Prosecutrix gave two versions in her statement recorded under Sections 161 and 164 Cr.P.C. She was above 17 years of age.
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, Ajay , 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 :- 5.1.2021 Ravi Prakash