Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15981 of 2021 Applicant :- Deva Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.K.Tripathi Counsel for Opposite Party :- G.A.,Sunil Kumar Yadav
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No.771/2019, under Sections 363, 366-A, 376, 504 IPC & Section 3/4 of POCSO Act, police station Handiya, District Allahabad 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 was submitted that alleged incident has been shown of 24.06.2019 but after the incident, no FIR was lodged and that later on an application under Section 156(3) Cr.P.C. was filed on 30.07.2019 and in pursuance of the order passed by court on the application under Section 156(3) Cr.P.C., the F.I.R. of the present case was lodged on 30.09.2019. Learned counsel has submitted that victim is sister of the wife of applicant's brother and that she was a consenting party. Learned counsel has referred statements of victim girl recorded under Sections 161 and 164 Cr.P.C. and submitted that victim herself has stated that on asking of applicant, in the night she came out from the home and went with applicant, however she has also alleged that applicant has committed rape upon her and did not marry with her. It was submitted that the radiological age of victim has been shown between 16 to 18 years and that alleged date of birth shown in the school living certificate is not reliable and in fact victim is a major girl. It was submitted that as applicant has refused to marry with victim, thus, he has been falsely implicated in this case. It was pointed out that in her statement recorded under Section 161 Cr.P.C., victim has stated that applicant has taken her to his home and thereafter he ran away from there and when she asked his parents for her marriage with him, they have refused and similarly in her statement recorded under Section 164 Cr.P.C., victim has reiterated that when her family members reached there and talked with family members of applicant for her marriage with applicant, they have refused. Learned counsel has submitted that all these facts show that applicant was falsely implicated merely due to the reason that he has refused to marry with victim. It has further been argued that the applicant is in judicial custody since 16.11.2020, 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. as well as learned counsel for the first informant have opposed the prayer for bail and argued that as per school leaving certificate, age of victim is about 14 years and ten months and thus, she was a minor girl. It was submitted that the victim has made allegation that applicant has committed rape upon her on the pretext of marriage. However it could not be disputed that radiological age of victim girl has been shown between 16 to 18 years.
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 Deva 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 :- 22.9.2021 Anand