Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 828 of 2021 Applicant :- Ajeet Kharwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the record.
Learned counsel for the applicant submits that initially the first information report was lodged under section 363 and 366 I.P.C. and 7/8 POCSO Act against the applicant on 9.7.2020. Thereafter, the case was converted under section 376 I.P.C. and section 3/4 POCSO Act. In medical certificate, the age of victim has been opined as 16 and 1/2 years to 17 and 1/2 years. The victim in her statement recorded under section 164 Cr.P.C. has herself stated her age as 17 and 1/2 years. As per the statement of victim recorded under sections 161 and 164 Cr.P.C. it appears that the victim herself left her house and remained with applicant on several places about 10 days which shows that victim was a consenting party. Although the victim is below 18 years but she was not enticed away by the applicant. The victim and applicant fell in love and wanted to solemnize their marriage due to which the impugned F.I.R. has been lodged against the applicant only for the purpose of harassment. No offence is made out against the applicant. The applicant is languishing in jail since 20.7.2020.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ajeet Kharwar involved in Case Crime No.362 of 2020, under Section 363, 366 and 376 IPC and 3/4 POCSO Act, Police Station Sarnath District Varanasi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The computer generated copy of such order shall be self attested by counsel of the party concerned.
6. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 7.5.2021 Gss