Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57113 of 2019 Applicant :- Farookh Opposite Party :- State of U.P.
Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is 20 years and as per high school certificate her age is found to be 15 years three months. From her statement under Section 164 Cr.P.C, it is clear that she knows the applicant for last five years and has married the applicant. She is also pregnant and wants to live with the applicant. Learned counsel for the applicant has relied upon the judgement of the Apex Court in the case of Suhani & another vs. State of U.P. & others, 2018 Law Suit (SC) 1364, wherein the Apex Court has accepted that medical report is more reliable as compared to the educational certificate. Even otherwise the question of genuineness of the high school certificate and the medical certificate shall be examined by the trial court during the trial. The applicant is in jail since 10.11.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the 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, Farookh, involved in Case Crime No.470 of 2019, under Sections 363, 376 IPC and Section 3/4 of POCSO Act, Police Station Nakur, District- Saharanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 19.12.2019 SS