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Kalu @ Vipin vs State Of U P And Another

High Court Of Judicature at Allahabad|06 January, 2021
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JUDGMENT / ORDER

Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25599 of 2020 Applicant :- Kalu @ Vipin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A.,Lokesh Kumar,Yogendra Pal Singh
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Kalu @ Vipin has prayed to release him on bail in Case Crime No. 612 of 2019, u/s 376, 506 I.P.C. & 3/4 of POCSO Act, P.S. Khair, District Aligarh.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.1.2020. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix has been held to be of 18 years in medical age determination test by Medical Board. No viral photo or video is in existence and this has been specifically said by informant in his statement recorded under Section 161 of Cr.P.C., which is at Page No. 53 of paper book, wherein, it has been specifically said that informant could not be aware of any such existence of any viral clip. The statement recorded under Section 161 of Cr.P.C. reveals that this alleged affair occurred before six months and at no point of time, protest or complain was made by prosecutrix. Subsequently, this report was got lodged. It is a consensual relationship, for which this false implication is there. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that prosecutrix is minor as per school record and she was subjected to rape by applicant.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that prosecutrix has been held to be of 18 years in medical age determination by Medical Board and as per statement, she did not disclose the offence of rape for six months. Under all above facts and circumstances as well as considering 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, Kalu @ Vipin, 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 :- 6.1.2021 Kamarjahan
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Title

Kalu @ Vipin vs State Of U P And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
06 January, 2021
Judges
  • Ram Krishna Gautam
Advocates
  • Puneet Srivastava