Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53250 of 2019 Applicant :- Kallu Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Two supplementary affidavits filed by learned counsel for the applicant are taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Kallu with a prayer to release him on bail in Case Crime No. 214 of 2019, under Sections 323, 376, 506 IPC, and section 3/4 of Protection of Children From Sexual Offence Act, 2012 and section 9,10, 11 of Children Marriage Act Police Station Bhawanpur, District- Meerut, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that it is not a case of rape.The victim has got First Information Report lodged through her grand father implicating the applicant because she did not liked the applicant after her marriage with him. The victim in her statement under section 164 Cr.P.C.has stated that her marriage was solemnized with an old man.In the second supplementary affidavit filed by the learned counsel for the applicant, wherein Adhar Card of the applicant has been brought on record, it is clear that age of the applicant is 29 years.It is further submitted that marriage of the applicant with victim was solemnized on 28.5.2019 in the presence of entire family members of the victim as well as applicant.The parents of the victim have not lodged the First Information Report but grand father of the victim has lodged the First Information Report.As per medical report the age of the victim is 16 years. Given margin of two years on higher side, she can be considered to be major.The marriage has not denied by the parents,therefore victim is wife of the applicant.
The applicant is languishing in jail since 16.10.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.12.2019 Atul kr. sri.