Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16939 of 2021 Applicant :- Ishu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yashpal Yadav,Meera Devi,Salma Bano Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Smt. Salma Bano, learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was stated that as per school certificate, the age of victim girl is stated 17 and a half years but in fact she is a major girl. It has been submitted that in her statement under Section 161 and 164 Cr.P.C., victim girl has clearly stated that she was having love affair with applicant and that she has called the applicant and went to Allahabad with applicant at her own free will and from Allahabad they went to Lucknow and after that they reached at Noida and after that they returned back to Lucknow. She has also stated that physical relations were established with her consent. Learned counsel submitted that the victim girl has not made any allegation of kidnapping or of rape against the applicant. It was further submitted that the applicant is languishing in jail since 11.02.2021, 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.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, statement of victim girl, 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 Ishu involved in Case Crime No. 38 of 2021, under Sections 363, 366, 376 of IPC and 3/4 POCSO Act, P.S. Phoolpur, District Varanasi, 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.7.2021 A. Tripathi