Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52144 of 2021 Applicant :- Anmol Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.,Babu Lal Ram
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant, Sri Babu Lal Ram, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
Facts in brief are that applicant enticed away the victim and established physical relations with her.
It is submitted that applicant is innocent and has been falsely implicated in this case. He has committed no offence. There is no allegation of enticement and rape against the applicant. As per the medical report victim was major at the time of the incident. She denied to undergo external or internal medical examination before the doctor. No any injury was found on her person. She voluntarily went with the applicant because she was in love with him about which she has also stated in her statements recorded u/s 161 & 164 Cr.P.C. NO any allegation of rape has been made by her against the applicant. The applicant is languishing in jail since 06.09.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that at the time of incident victim was minor. As per the academic record she is about 16 years and in medical opinion she is about 19 years, therefore, her consent was immaterial in this regard. Hence, applicant is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record, the fact that as per medical opinion she was major and was consenting party 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 Anmol Singh involved in Case Crime No.280 of 2021, under Sections 363, 366, 376 I.P.C & 5(l)/6 POCSO Act, Police Station Saurikh, District Kannauj, 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.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 :- 21.12.2021 Ashok Gupta