Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41630 of 2020 Applicant :- Krishna Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,Ashish Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Krishna, to release him on bail in Case Crime No. 1205 of 2020, under Sections-363, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence, Act, 2012, Police Station-Sihani Gate, District- Ghaziabad.
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. He has been falsely implicated in this very case crime number and is languishing in jail since 28.07.2020. He is of no criminal antecedent. Prosecutrix is major; though as per school record her date of birth is 28.11.2004 and the occurrence was said to be of 24.07.2020; she in her statement recorded under Sections 161 as well as 164 Cr.P.C. has said that neither she was enticed nor she was forcibly abducted by the applicant; she lived with the applicant for all those days without any protest or rescue call; it was a consensual fleeing of the prosecutrix herself; applicant is of no concern with it; she has denied for any sexual relation or sexual assault; it was subsequently developed in statement under Section 164 Cr.P.C. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record, considering all those facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction but 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.
Let the applicant, Krishna, 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.
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 :- 19.8.2021 Deepak/