Heard Sri Surendra Mohan Mishra, learned counsel for the applicant, learned AGA for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The F.I.R. was lodged on 15.9.2020 whereas the incident was alleged to be occurred on 13.9.2020 and the prosecution has failed to explain the delay. The statements of victim were recorded under Sections 161 & 164 Cr.P.C. in which she has stated that sexual relations with her were developed by the applicant on the false assurance of marriage. The age of the victim has been assessed as 20 years in the medical report. It is further submitted that victim is major and from perusal of statements of victim recorded under Sections 161 & 164 Cr.P.C. it appears that she is consenting party and no offence is made out against the applicant. The applicant has no criminal history. There is no possibility of applicant of fleeing away from the judicial process or tampering with the witnesses. He next submits that the applicant is in jail since 16.9.2020 and if released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Basiullah be released on bail in Case Crime No. 199 of 2020, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, registered at P.S. Mohana, District Siddharth Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2021 Kpy