Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16358 of 2021 Applicant :- Arvind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However no one appeared on behalf of the complainant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 219/2020, under Sections 363, 376 IPC and Section 3/4 of POCSO Act, police station Kwarsi, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was pointed out that in her statements recorded under Sections 161 and 164 Cr.P.C., victim girl has clearly stated that she is aged about 19 years and that she has gone with applicant with her own free will and consent and that they both have married with each other and that she has also stated that she wants to live with her husband/applicant and she does not want to go with her parents. Learned counsel has submitted that though as per medical examination report, age of victim girl is 16 years, but victim girl has consistently stated her age as 19 years. It was submitted that in view of the statements of victim girl recorded under Sections 161 and 164 Cr.P.C., no case is made out against the applicant. It has further been argued that the applicant is in judicial custody since 03.09.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Arvind involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.7.2021 Anand