Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57115 of 2019 Applicant :- Manka Alias Manik Chand Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Submission is that from the statement of victim under Section 164 Cr.P.C. it appear that she is consenting party and went with the appellant on her free will without raising alarm and making any complaint. The statement of the victim does not corroborates the prosecution case. The age of the victim as per report of the C.M.O is about 17 years. Given margin of two years from the higher side she can be considered as major. In the statement of the victim she has admitted eloping with the applicant on her own will and going to different places without raising any alarm. The Apex Court in the case of Rajak Mohd. Vs. State of Himachal Pradesh in Criminal Appeal No. 1395 of 2015 vide order dated 23.08.2018 has held that where the prosecutrix lived with the accused and freely moved around with the accused where she came across many people at different points of time but never complained of any criminal act conviction of accused for offence of abduction and rape is not justified. The applicant has been falsely implicated in this case. He has no criminal history to his credit and he is languishing in jail since 27.08.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Manka Alias Manik Chand, be released on bail in Case Crime No. 33 of 2018, under Sections- 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station- Iradat Nagar, District- Agra, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Rohit