Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18335 of 2021 Applicant :- Jeevan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hira Lal Counsel for Opposite Party :- G.A.,Santosh Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, 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 been falsely implicated in the present case. The alleged incident has been shown of 20.07.2020 but the first information report has been lodged after ten days on 01.08.2020. It was submitted that in her statement, under Section 161 and 164 Cr.P.C., victim has clearly stated that she was having love affair with applicant and she herself has gone from her home and thereafter she has gone with applicant to Delhi and she has married with him. It was submitted that victim has refused to undergo any medical examination and that her ossification test has also not been conducted. It was submitted that though as per school certificate, the age of victim is 16 years but the age of victim girl was shown less in her educational record but in fact she is a major girl and that she has already married with applicant. Lastly, it was submitted that the applicant is languishing in jail since 09.08.2020, 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. and learned counsel for the first informant have opposed the prayer for bail and argued that victim is a minor girl and her age is about 16 years.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, 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 Jeevan involved in S.S.T. No. 629 of 2020, Case Crime No. 218 of 2020, under Section 363, 376 IPC and Section 3/4 POCSO Act, P.S. Manduwadeeh 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 :- 27.9.2021 A. Tripathi