Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20486 of 2019 Applicant :- Anurag Opposite Party :- State Of U.P.
Counsel for Applicant :- Mangla Prasad Rai Counsel for Opposite Party :- G.A.,Antriksh Verma
Hon'ble Om Prakash-VII,J.
Counter and Rejoinder affidavit have been exchanged in the matter.
Heard Sri Mangala Prasad Rai, Sr. Advocate assisted by Sri Anjani Kumar Rai, learned counsel for the applicant, Sri Antriksh Verma, learned Advocate for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Victim is a major and mature lady as is clear from the documents annexed with the application. She had gone along with the applicant at her own freewill on his motor cycle. She stayed in the house of the applicant. If entire prosecution case is taken into consideration then also victim is a consensual party. Referring to the report of the Chief Medical Officer about the age of the victim it is further argued that she was found 19 years of age. Learned counsel appearing for the applicant has also drawn the attention of the Court towards the photographs and documents annexed with the bail application and further argued that victim herself is a clever lady and allured the applicant in the present matter and thereafter started blackmailing the applicant. When applicant objected present FIR was lodged on the basis of false facts. At this juncture, learned counsel for the applicant also referred to the counter affidavit and argued that documents annexed with the application have not been specifically controverted by the informant side. No complaint was made by the victim at the time of the said offence. Incident is said to have taken place on 20.11.2018 but the FIR was lodged on 25.11.2018. Thus referring to the entire facts mentioned in the affidavit as well as in the documents annexed with the application prayer for bail was made. He is languishing in jail since 26.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the informant argued that victim was a minor girl. Since the applicant was well acquainted with the girl and on his request she went along with him, thus, there was no reason to make any complaint. Since some spurious substance was given by the applicant to the victim then she became unconscious, thereafter present offence was committed by the applicant. Applicant also clicked some pictures of the victim and uploaded on the Facebook. since victim was afraid, therefore, she could not lodge FIR immediately. It is also argued that delay in lodging of the FIR in rape cases is immaterial. Thus prayer for rejection of bail was made.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Anurag involved in Case Crime No. 285 of 2018, under Sections 376, 328, 506 I.P.C., Section 3/ 4 POCSO Act and Section 66/67 of the Information Technology Act, P.S. Kotwali Kalpi, District Jalaun be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 5 lakhs) each in the like amount to the satisfaction of the court concerned subject to the 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 :- 29.5.2019 Sachdeva