Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32723 of 2021 Applicant :- Deepu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Singh 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 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. The victim has not made any allegations against the applicant. Lastly, it was submitted that the applicant is languishing in jail since 10.03.2021, 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 victim has stated her age as 18 years and in her statements, recorded under Section 161 and 164 Cr.P.C., she has stated that she herself has gone to Delhi and there she called the applicant and after that they went to Gujarat and there they have married each other and nothing has done forcibly against her. In her statement, under Section 164 Cr.P.C., she has also stated that her father has lodged false report of this case. It was stated that even as per ossification test, the age of victim is 17 years but she herself has stated her age as 18 years and thus, it appears that she is a major girl and she has not made any allegation of kidnapping or rape against the applicant.
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 Deepu involved in Case Crime No. 68 of 2021, under Sections 363, 366, 376 IPC and Section 3/4(2) POCSO Act, P.S. Kalan, District Shahjahanpur, 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 :- 29.10.2021 A. Tripathi