Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14985 of 2021 Applicant :- Makkhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheikh Moazzam Inam Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. None has appeared on behalf of informant despite service of notice.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It was stated that as per ossification test, the age of victim girl has been shown between 18-19 years and that her age was shown less in educational record and thus, alleged school certificate relied by the prosecution regarding date of birth of victim, is not authentic proof of age. It was submitted that in her statement recorded under Section 161 and 164 Cr.P.c., she has not made any allegation against applicant. It has been submitted that the applicant is languishing in jail since 29.12.2020 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 as per ossification test, the age of victim is 18-19 years. In her statement recorded under Section 164 Cr.P.C, she has stated that she alone has left her house and after that she has called the applicant and gone to Rudrapur with him with her consent and that no foul act has been done with 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 Makkhan Singh involved in Case Crime No.912 of 2020, under Sections 363, 366 and 376 IPC & 3/4 POCSO Act, P.S.Puranpur, District Pilibhit, 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 :- 30.9.2021 Neeraj