Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57125 of 2019 Applicant :- Azeez @ Jagsher Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Ruksana Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the age of the victim as per medical report is 17 years. Given margin of two years on the higher side she can be considered to be major. It has been submitted that the applicant and the victim have married and they approached the Chandigarh High Court and got protection for their life and liberty by filing CWP 21687-2019 on 19.08.2019. Nikaahnama has also been brought on record showing the marriage of the victim to the applicant. The FIR was lodged under Sections 363, 366 and Section 8 of POCSO Act. Subsequently, on the basis of the allegation of rape in the statement of the victim the applicant has been implicated for offence under Section 376(D) IPC. The applicant is in jail since 03.09.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Azeez @ Jagsher, be released on bail in Case Crime No. 209 of 2019, under Sections- 363, 366, 376(3) IPC and Section 4 POCSO Act, Police Station- Charkhari, District- Mahoba, arising out of FIR dated 17.08.2019 in Case Crime No. 209 of 2019, under Sections- 363, 366 IPC and Section 8 POCSO Act, Police Station- Charkhari, District- Mahoba, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Rohit