Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37534 of 2021 Applicant :- Durge Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime 363, 366, 376 I.P.C. and section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Tilhar, district-Shahjahanpur, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against the present accused Durge and co-accused Arjun, alleging therein that the present accused has enticed away his minor daughter on 3.3.2021 at about 3:00 O'clock in the morning.
Learned counsel for the applicant submits that the alleged victim as per medical opinion is aged about sixteen years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the victim being major cannot be ruled out. He next submits that the alleged victim in her statement recorded under section 164 (Cr.P.C.) has categorically stated that due to quarrel took place between her and her mother she had left her parental home on her own accord and gone with the applicant to Faridpur and lived separately from the applicant in a rented house there. He lastly submits that the applicant, who is in jail since 7.6.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the statement of the alleged victim recorded under Section 164 Cr.P.C., considering that the alleged victim has not raised any alarm anywhere about her captivity by the applicant, while she lived at Faridpur for about three months, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Durge be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.12.2021 Faridul