Counter affidavit filed by learned A.G.A. on behalf of State be taken on record.
Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 17 years. In fact, at the time of the alleged incident the victim was major. The statements of victim recorded under Sections 161 & 164 Cr.P.C. show that the victim was a consenting party. In her statement recorded under Section 164 Cr.P.C., the victim has stated that she has gone with applicant on her own sweet will and solemnized her marriage with applicant. The applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 06.06.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Irshad Ahmad @ Ishaq involved in Case Crime No.194 of 2015, Under Sections 363, 366, 376 IPC and Sectiion 3/4 of POCSO Act, Police Station Sandana, District Sitapur, 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 with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 18.1.2016 Jitendra