Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13568 of 2021 Applicant :- Devendra @ Bablu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Patel Counsel for Opposite Party :- G.A.,Anurag Kumar Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Learned counsel submitted that though, in her statement under Section 161 Cr.P.C., victim girl has alleged that she has gone to Himachal Pradesh with applicant and she was in love with him and that they have also established physical relations but in her statement under Section 164 Cr.P.C., she has not made any allegation against applicant. In her statement under Section 164 Cr.P.C., victim girl has clearly stated that as her parents were pressing her for marriage, being angry, she has gone to Bareilly and she remained with her friend at Semikheda. Learned counsel submitted that in her statement, victim girl has also stated that she has gone with her own free will and that she has not made any allegation of kidnapping or of rape against applicant. It was stated that as per age certificate issued by C.M.O. Bareilly, the age of victim girl is 18 years. It has been submitted that in view of the age and statement of victim girl, no case is made out against applicant. It has been submitted that the applicant is languishing in jail since 31.07.2020 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 counsel for the first informant and learned A.G.A. have opposed the prayer for bail and argued that as per high school mark-sheet, victim girl is a minor girl, however, aforesaid factual positions could not be disputed.
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 Devendra @ Bablu involved in Case Crime No.194 of 2020, under Sections 363, 376 (2N) IPC and Section 5/6 POCSO Act, P.S. Deorania, District Bareilly, 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 :- 29.7.2021 Neeraj