Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It has been stated that the victim girl has stated her age as 18 years and that as per age certificate, issued by the Chief Medical Officer, Shamli, the age of victim has been shown between 17 to 18 years and thus, victim was a major girl. It was submitted that in her statement under Section 161 & 164 Cr.P.C., she has clearly stated that she has gone with the applicant with her own free will and that nothing was done forcefully by applicant against her. It was further submitted that the applicant is languishing in jail since 18.03.2020, 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. has opposed the prayer for bail.
Perusal of record shows that in her statement under Section 161 & 164 Cr.P.C., victim girl has clearly stated that she has gone with applicant with her own free will and that nothing was done forcefully against her.
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 Kamal @ Kala involved in Case Crime No. 89 of 2020 (Special Case No. 206 of 2020), under Sections 363, 366 and 376 IPC and 3/4 POCSO Act, P.S. Kotwali Shamli, District Shamli, 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 :- 26.8.2021 A. Tripathi