Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16695 of 2021 Applicant :- Jarkan @ Jargan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 74 of 2020, under Sections 147, 363, 366, 376, 323, 498A, 342, 504, 506 and 511 I.P.C. and Section 3/4 POCSO Act and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, district-Moradabad, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged by the victim herself against five persons, including applicant, alleging therein that victim is minor and she was taken to a hotel by the present accused and committed rape with her, due to which she became pregnant and the present accused had also given some pills to abort her foetus. It was also alleged in the FIR that mother and sister of the present accused has also assaulted the victim. In the FIR allegation of rape was also made against the father of the applicant by the victim.
Learned counsel for the applicant submits that the applicant happens to be husband of the complainant-victim and before marriage the alleged victim was in consensual relationship with the present accused and during this intervening period the alleged victim had gone to hotels several times with the applicant. Thereafter the alleged victim has solemnized marriage with the present accused on her own sweet will.
Further submission is that as per medical opinion the alleged victim is seventeen years of age. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. He lastly submits that other co-accused Iftekhar has already been enlarged on bail by another Bench of this Court vide order dated 7.1.2021 passed in Criminal Misc. Bail Application no. 48249 of 2020. He lastly submitted that the applicant, who is in jail since 13.10.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Jarkan @ Jargan be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 30.7.2021 Faridul