Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57087 of 2019 Applicant :- Krishnakant @ Bansi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar,Jayendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the victim is aged about 18 years as per report of the radiologist. Given margin of one year on higher side, she can be considered to be major. From her statement under Section 164 Cr.P.C, it is clear that she eloped with co-accused, Hakim Singh and thereafter, she has implicated the applicant and co-accused, Neeraj as the persons who committed offence of rape against her. From the medical report alleged offence is not proved at all. Doctor has not found any sign of rape or any injury on her body. It has further been submitted that when the victim was in the company of the co-accused, Hakim, she was caught by her parents and they have implicated applicant falsely in this case. The mother of the victim in her statement under Section 161 Cr.P.C stated that she was sleeping along with her daughter and she did not knew when she went with the co-accused, Hakim. It has further been submitted that when the victim was sleeping along with her mother and the co-accused, Hakim, informed that cattle has entered into her agricultural field, she should have awaken her mother before leaving the place with co-accused, Hakim. The mother has expressed her ignorance about the night incident when the victim went with the co-accused, Hakim to the agricultural field for chasing the cattle. It is a case of false implication of the applicant. At night no girl will accompany an unknown boy without informing her parents unless she has some affair. The applicant is in jail since 30.08.2019 and has no criminal to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the 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 Krishnakant @ Bansi involved in Case Crime No.85 of 2019, under Sections 363, 366A, 376D, 342 IPC and 5G/6 of POCSO Act, Police Station Iradatnagar, District- Agra 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 19.12.2019 SS