Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been submitted that the victim girl, in her statement under Section 161 & 164 Cr.P.C., has stated that she was called by co-accused Baljeet by giving threat to kill her father and thereafter he has committed rape upon her and that at that time the applicant and co-accused Sonu were sleeping in the room. It has been submitted that though, the age of victim girl is stated 13 years but victim girl has not made any allegations of kidnapping or of rape against the applicant. It was further submitted that the co-accused Sonu @ Sushil Kumar has already been granted bail by the Court of Sessions Judge, Bulandshahar. It has been further submitted that the applicant is languishing in jail since 26.04.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A and learned counsel for the first informant have opposed the prayer for bail and argued that victim is a minor girl aged 13 years and at the time of alleged incident the applicant was present in the room.
Perusal of record shows that in her statement under Section 161 Cr.P.C. victim girl has stated that she was called by co-accused Baljeet at his house and that applicant and co-accused Sonu were sleeping there and co-accused Baljeet has committed rape upon her. Similarly, in her statement under Section 164 victim girl has reiterated the same version.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Bholu @ Sunny Kumar involved in Case Crime No. 211 of 2021, under Sections 376, 506, 34 of IPC and 3/4 POCSO Act, P.S. Sikandrabad, District Bulandshahr, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.8.2021 A. Tripathi