Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35948 of 2021 Applicant :- Manish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- G.A.,Naveen Kumar
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 62 of 2021, under Section 363 I.P.C. and section 7/8 Protection of Children from Sexual Offences (POCSO) Act, P.S. Bhaurakalan, district-Muzaffarnagar is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against the present, alleging therein that on 16.5.2021 the present accused had enticed away her minor daughter.
Learned counsel for the applicant submits that as per FIR the alleged victim is aged about sixteen years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. Although the applicant was named in the first information report but the alleged victim in her statement recorded under Section 164 Cr.P.C (Annexure-6) has not made any allegation against him and categorically stated that she had left her parental home on her own sweet will and gone with the applicant. Further submission is that the alleged victim has also stated that she does not want to prosecute the applicant and she wants to marry him. She also refused to get herself medically examined. He lastly submits that the applicant, who is in jail since 23.5.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A., as well as learned counsel for the informant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the victim has not supported the prosecution case in her statement under section 164 Cr.P.C., considering the law laid down by Hon'ble Apex Court, considering the facts and circumstances and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Manish be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 Faridul