Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40106 of 2021 Applicant :- Kuldeep Raja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Babu Dubey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
Facts in brief are that applicant enticed away the victim and established physical relation with her without her consent though she was minor at the time of incident.
It is submitted that the applicant is innocent and not committed any offence. Victim was major at the time of occurrence, she was willing and went with applicant voluntarily. She lived with applicant at Indore for a period of 27 days. She had also stated clearly about this fact in her statement under Section 164 Cr.P.C. Her age has been found about 18 years in medical examination. The applicant is in jail since 06.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that victim was major and consenting at the time of occurrence 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 Kuldeep Raja involved in Case Crime No. 0684 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, P.S. Kotwali Lalitpur, District Lalitpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 PS