Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25965 of 2021 Applicant :- Manvendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Singh Solanki 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. The victim is major girl and in her statement, recorded under Sections 161 and 164 of Cr.P.C., she has not made any allegation of kidnapping or rape against applicant. It has been submitted that the applicant is languishing in jail since 23.3.2021 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 as per school certificate, age of victim is below 18 years.
Perusal of record shows that as per age certificate issued by Chief Medical Officer, Kasganj, age of victim girl is 18 years and in her statement under Section 161 Cr.P.C., she has clearly stated that she has gone with applicant to Delhi with her own free will and consent and that they have stayed together as husband and wife. Similarly, in her statement under Section 164 of Cr.P.C., she has stated that she has gone with applicant with her own free will and they remained there for about one month and during that period, no physical relations were established between them.
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 Manvendra involved in Case Crime No. 71 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, P.S. Sahavar, District Kasganj, 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