Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52402 of 2019 Applicant :- Arvind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi 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 the applicant has been falsely implicated in this case. From the statements of the victim under Section 161 and 164 Cr.P.C, it appears that she was having affair with co-accused, Ashu and eloped with him. The applicant is stated to be driver of Ashu and there is no allegation against him in the statement of the victim under Section 161 Cr.P.C. However, in her statement under Section 164 Cr.P.C, she has alleged an offence of rape against the applicant. The victim has claimed herself to be aged about 16 years. No medical examination of the victim has been conducted. In the medical report no sign of injury has been found by the doctor on the private part of the victim. Given margin of two years on higher side she can be considered to be major. The applicant is in jail since 15.05.2019 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 Arvind involved in Case Crime No.97 of 2019, under Sections 363, 366, 376-D, 342/34/35 IPC and Section 6 of POCSO Act, 2012, Police Station Kotwali Hamirpur, District- Hamirpur 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 :- 28.11.2019 SS