Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32051 of 2021 Applicant :- Deepak Prajapati Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Bajpai Counsel for Opposite Party :- G.A.
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.
Notice was sent to first informant but it was reported that informant is not residing at his present address.
The present bail application has been filed by the applicant in case crime No. 05 of 2021 under Sections 363, 366 and 376 IPC and section 3/4 POCSO Act, police station G.R.P., District Fatehpur 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 not committed any offence. It is argued that in her statement under Sections 161 & 164 Cr.P.C., victim-girl has not made any allegation of kidnapping or rape against applicant. She has stated her age as 17 years but in fact she is a major girl and no ossification test of victim has been conducted. It has further been argued that the applicant is in judicial custody since 04.06.2021 having no criminal history and 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.
A perusal of the record shows that victim herself has stated her age as 17 years and in her statement under Section 164 Cr.P.C. she has stated that she gone with applicant to Fatehpur station with her own free will and applicant has not enticed her away and that she wanted to marry the applicant . She has further stated that applicant has not done anything forcibly and in fact her parents were marrying her against her wishes. In her statement under Section 164 Cr.P.C., she has not made allegations of kidnapping or rape against the applicant.
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 view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Deepak Prajapati 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 court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak