Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47469 of 2019 Applicant :- Basit Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A., ,Devendra Saini
Hon'ble Siddharth,J.
Counter affidavit and Rejoinder affidavit filed are taken on record.
Heard learned counsel for the applicant, Sri Devendra Saini, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that the age of the victim as per medical report is 19 years. The victim has not supported the allegation made in the FIR in her statement under Section 164 Cr.P.C. She has stated that she has left her house on her own will and no incident has taken place nor anyone took her along. It has further been submitted that the applicant has been falsely implicated in this case. The applicant is in jail since 17.08.2019 and has no criminal history to his credit.
Learned counsel for the informant has filed counter affidavit and has brought the birth certificate of the victim is on record where from her date of birth appears to be 04.09.2005. She is only 14 years of age as per the birth certificate brought on record.
Learned A.G.A. has also approached the prayer for bail application of the applicant.
On the basis of the material on record this court finds that the victim has not made any allegation against the applicant and therefore there is no question of her consent. The minority and majority of the victim will not affect the proceedings of the bail application.
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- Basit, be released on bail in Case Crime No. 265 of 2019, under Sections 363, 366, 376 IPC & Section 3/4 of POCSO Act, Police Station- Behat, District- Saharanpur, 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 :- 27.11.2019 Rohit