Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17188 of 2021 Applicant :- Churaman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Singh Kushwaha Counsel for Opposite Party :- G.A.,Bhishm Pal Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However no one has appeared on behalf of the first informant despite calling the case in revised list.
The present bail application has been filed by the applicant in case crime No.193/2020, under Sections 376DA, 506, 120-B IPC and Section 3/4(2) of POCSO Act (S.C. No. 105/2021), police station Rijaur, District Etah with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that in her statements recorded under Sections 161 and 164 Cr.P.C., victim girl has not made any allegation of rape against the applicant and that the allegations of rape were made against co-accused Prem Kishore @ Ramu and Anek @ Kaliya and that regarding applicant it was alleged that applicant, having a country made pistol, was standing outside. It was further submitted that alleged first incident has been shown of 13.06.2020 but FIR has been lodged on 14.11.2020. Learned counsel has submitted that before this incident, brother of applicant has lodged a report against informant of this case in the year 2013, under Sections 324, 504 IPC and that applicant was falsely implicated in this case due to that enmity. It was also submitted that though the victim girl has stated her age as 15 years, but ossification test has not been conducted. It has further been argued that the applicant is in judicial custody since 17.11.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that victim girl is a minor girl.
Perusal of record shows that in her statements recorded under Sections 161 and 164 Cr.P.C., victim girl has not made any allegation of rape against the applicant and that the allegations of rape were made against co-accused Prem Kishore @ Ramu and Anek @ Kaliya and regarding applicant it was alleged that applicant having a country made pistol was standing outside.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Churaman involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 12.8.2021 Anand