Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16279 of 2021 Applicant :- Danish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit, filed by the learned A.G.A., is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of 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. Learned counsel has referred the statement of victim girl, recorded under Section 161 and 164 Cr.P.C., wherein she has stated that she has gone with applicant with her own free will. It was submitted that as per age certificate, issued by the Chief Medical Officer, Budaun, the age of victim is shown 17 years but in fact she is a major girl. Lastly, it was submitted that the applicant is languishing in jail since 19.12.2020, 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.
Perusal of record shows that as per age certificate, issued by the Chief Medical Officer, Budaun, the age of victim is 17 years and in her statement under Section 161 Cr.P.C., she has stated that she has gone with applicant with her own free will and that in her statement under Section 164 Cr.P.C., she has stated that she herself has called the applicant Danish in the way and that applicant has not done any bad/foul act with her and physical relations were not established and she has gone with applicant with her own free will.
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 Danish involved in Case Crime No. 294 of 2020, under Sections 363, 366, 376 of IPC and Section 3/4 POCSO Act, P.S. Alapur, District Budaun, 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 :- 30.9.2021 A. Tripathi