Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25571 of 2021 Applicant :- Faim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record. However, no one 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 been falsely implicated in this case. It has been submitted that in her statement, recorded under Section 161 Cr.P.C., victim girl has stated that applicant and two co-accused persons have made an attempt to commit rape upon her, whereas in her statement recorded under Section 164 Cr.P.C., though she has made allegations that accused persons made an attempt to commit rape upon her but she has not named the applicant. It was submitted that in view of statement of victim, recorded under Section 164 Cr.P.C., the involvement of applicant in the incident is thoroughly doubtful. It was submitted that as per medical examination report, victim has not sustained any injury and that the radiological age of victim girl has been shown as 16 years. It has further submitted that applicant is languishing in jail since 03.05.2021, 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 and argued that as per school certificate, date of birth of victim is 20.07.2009 and that as per medical examination report, her age is 16 years and thus she was a minor girl. It was stated that in her statement recorded under Section 161 Cr.P.C., she has made allegations that applicant and co-accused have made an attempt to commit rape upon her. However, in her statement under Section 164 Cr.P.C., she has not named applicant.
Perusal of record shows that radiological age of victim is 16 years and she has not sustained any injury and that in her statement under Section 164 Cr.P.C., she has not named 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 Faim involved in Case Crime No. 49 of 2021, under Sections 376, 511, 506 IPC and Section 18 POCSO Act, P.S. Rehar, District Bijnore, 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 her 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 :- 22.9.2021 Ujjawal