Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36336 of 2021 Applicant :- Mohan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aradhana Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, 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. 25 of 2020, under Sections 363, 366, 376, 120B I.P.C. and section 3/4 POCSO Act, P.S. Chandwak, district-Jaunpur, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against three persons, including the present accused, alleging therein that on 24.2.2020 in the night the present accused with the help of co-accused Rahul and Ram Samuch had enticed away his daughter.
Learned counsel for the applicant submits that the alleged is aged about seventeen 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 victim being major cannot be ruled out. Further submission is that from the perusal of the facts stated by her in her statement recorded under section 164 Cr.P.C, it appears that she was a consenting party, who had traveled with the applicant to several places by public transport and lived with him as his wife for six months in Mumbai having ample opportunities to escape or raising cries for help but she did not do so. Her medical report does not indicate any marks of violence, injury or sexual assault. Hymen was ruptured and old healed. He lastly submits that the applicant, who is in jail since 22.9.2021 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.
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 law laid down by Hon'ble Apex Court, considering that the victim lived with the applicant for about six months, 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, Mohan 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