By means of this application the applicant Jaypal Kashyap has prayed to release him on bail in Case Crime No. 70 of 2020, under Sections 363, 376 IPC and Section 3/4 POCSO Act, Police Station Raja Ka Rampur, District Etah.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 6.7.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix is above 17 years. She is major. She in her statement recorded before the Medical Officer as well as under Section 161 of Cr.P.C. has categorically said to have been gone under her own volition with applicant and was married with applicant. Subsequently, under the influence of parents, her statement under Section 164 Cr.P.C. was changed, but she never raised any protest while residing with applicant at the above given places. Admission before the Medical Officer is of voluntary physical relation. No offence of rape is there. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that prosecutrix was said to be of 17 years in first information report and this report was got lodged with a considerable delay on 6.6.2020. Prosecutrix in her statement under Section 161 Cr.P.C. has said to be with applicant under her own volition and got her self married with applicant.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Jaypal Kashyap , 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 :- 27.1.2021 Ravi Prakash