Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26683 of 2021 Applicant :- Manoj Shukla Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sudhakar Yadav 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 first 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. Learned counsel has referred statement of victim girl recorded under Sections 161 and 164 Cr.P.C., and submitted that victim herself has gone to Azamgarh and from there to Haridwar and as per her version, applicant has met her at Haridwar. It was stated that as per version of victim girl she remained with applicant for about 15 days at Haridwar and during that period, no complaint at all was made. As per X-ray report, the age of victim girl has been shown about 16-18 years and thus, she was a major girl. It was submitted that all the attending facts and circumstances of the case show that victim girl was a consenting party and that she has made false allegation of rape against applicant under pressure of her family members. It has been submitted that the applicant is languishing in jail since 27.2.2021 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 and argued that victim is minor girl. However, it has not been disputed that as per X-ray report, age of victim is between 16-18 years.
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 Manoj Shukla involved in Case Crime No. 30 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, P.S. Jahanaganj, District Azamgarh, 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 :- 27.9.2021 Ravi Prakash