Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52101 of 2019 Applicant :- Anshul @ Balauwa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Yadav,Vipin Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that as per medical report victim is aged about 19 years. She eloped with the applicant and had entered into marriage. She stayed with the applicant for 15 days and thereafter when she came back, she has levelled false allegations against the applicant. The medical report does not proves forcible intercourse with the victim. The applicant alleges false implication. He is in jail since 08.06.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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, Anshul @ Balauwa involved in Case Crime No.185 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Bakewar, District- Etawah 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.11.2019 SS