Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37679 of 2021 Applicant :- C.P.N. @ Abhinandan Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that applicant enticed away the daughter of informant on 2.7.2021 at about 11:00 p.m. with the help of co- accused Goldu. Thereafter, she established physical relations with her. An FIR was lodged under Sections 363 IPC. During investigation, case was converted under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act.
It is submitted that applicant is innocent and he has not committed any offence. He has falsely been implicated in the present case. Victim was major at the time of incident. She loved applicant and also entered into marriage. She went with him voluntarily. Applicant did not use any force against her. Her age has been found during medical examination about 18 years. No any evidence of forceful sexual assault was found during investigation. In her statement, under Section 164 Cr.P.C. she has stated before the Magistrate that on 3.7.2021, she made contact with the applicant. She went to the applicant and entered into marriage. She wanted to live with applicant as husband and wife. In this way, victim was major and consenting party. There is no criminal history against the applicant. The applicant is languishing in jail since 15.7.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that victim was major at the time of incident and was consenting party and without expressing any opinion on the 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 - C.P.N. @ Abhinandan Yadav involved in Case Crime No. 189 of 2021, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Pipraich, District Gorakhpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Arif