Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10247 of 2021 Applicant :- Brajendra Kewat Opposite Party :- State Of U.P. And Anohter Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None for the first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The alleged incident has been shown of 16.03.2019 but first information report was lodged after about five months on 11.08.2019 and that there is no explanation for long delay of five months in lodging of the first information report. Learned counsel has referred the statement of victim, recorded under Section 161 and 164 Cr.P.C, wherein she has stated that she has gone with applicant to Delhi with her own free will and they have married each other in a temple and they were residing as a husband and wife and that during lockdown period while they were coming back, police have apprehended them. She has also stated that out of her marriage with applicant, she is having pregnancy of five months. Learned counsel submitted that though, the age of victim has been shown 16 years but she is a major girl and she has not made any allegation against the applicant and she has clearly stated that she has married with applicant. Lastly, it was submitted that the applicant is languishing in jail since 10.09.2020, 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. has opposed the prayer for bail and argued that victim is a minor girl.
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 Brajendra Kewat involved in Case Crime No.
125 of 2019, under Sections 363, 366, 376(2)(N) IPC and Section 5(j)(ii)6/5(L)/6 POCSO Act, P.S. Baruasagar, District Jhansi, 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 :- 23.9.2021 A. Tripathi