Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27605 of 2021 Applicant :- Bauli Alias Ishwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Bauli Alias Ishwar, in Case Crime No. 51 of 2021, under Sections-452, 323, 504, 376, 313, 120-B, 506 I.P.C. and Section 3/4 of Protection of Children From Sexual Offence Act, 2012, Police Station-Narsena, District-Bulandshahar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.03.2021; prosecutrix is said to be of 18 years of age in First Information Report, whereas, as per school record she is above 15 years, but she had refused from her medical age examination, hence medical age determination is not there; school record is of primary education not duly investigated; the report was two months delayed; prosecutrix did not disclose the occurrence to her mother, rather she kept mum and even she received money as per her own version and she get medication for getting termination of pregnancy, but as per statement of Medical Officer, recorded under Section 161 Cr.P.C., there is no medical corroboration of any conception or termination of any pregnancy; it is a false case with a view to fetch money; applicant is of no criminal antecedent; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Bauli Alias Ishwar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 20.12.2021 Deepak/