Heard over bail application moved by applicant, Goldee, in Case Crime No. 516 of 2020, under Sections- 363, 376 I.P.C. & 3/4 of Protection of Children from Sexual Offences Act, P.S. Dhaulana, District- Hapur.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.12.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix was not abducted by applicant nor it was said with any specific date of birth or age in FIR; subsequently, she was held to be of date of birth of 15.3.2003, on the basis of school record; medical age determination is not there; as per school record, on the date of occurrence age of prosecutrix was of 17 years 9 months i.e. about 18 years; prosecutrix in her statement reocrded under Section 161 of Cr.P.C. has said nothing incriminating against applicant; rather, has admitted to have voluntarily gone with applicant; in statement recorded under Section 164 of Cr.P.C., affairs in between is admitted one but the accusation of rape has been subsequently developed; it is a false implication. Hence, bail has been prayed for.
Learned counsel for the informant has vehemently opposed with this contention that in statement under Section 164 of Cr.P.C, there is a specific accusation against applicant.
Learned AGA has also vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that accusation against the applicant is of offence punishable under Section 201 I.P.C. rest accusation is against other.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Goldee, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.8.2021 Kamarjahan