Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13941 of 2021 Applicant :- Mohit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Misra 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.
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 the statement of victim recorded under Section 161 Cr.P.C. and submitted that victim has remained with applicant for about eight months and as per her version, she was brought back by her father to her home on 06.09.2020, but FIR has been lodged after one month on 07.10.2020 and that the long delay in lodging the FIR creates a serious doubt about authenticity of prosecution version. Learned counsel has also referred the statement of victim girl, recorded under Section 164 Cr.P.C., wherein, she has merely stated that on 25.01.2020, applicant has asked her to go for roaming and thereafter, he took her to Amroha and from there to Moradabad and did bad act with her and that she has also stated that on 03.09.2020, applicant has brought her back to her home. Learned counsel has further submitted that there are material contradictions in the statements of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. and that in her statement recorded under Section 164 Cr.P.C., she has clearly stated that she was brought back to her home by applicant. Learned counsel has submitted that in fact applicant and victim have married each other and they have resided together as husband and wife. In this connection, learned counsel has referred the statements of Abdul Waheed, Rajbeer Singh and Jitendra Pal Singh, which have been recorded during investigation, and they have inter-alia stated that applicant and victim have married each other and that she was pregnant and that she was brought to her home by her father in a normal way but later on, FIR of this case was lodged. It was stated that as per ossification test, age of victim girl is 17 years. Learned counsel has also referred the report of Bharat Diagnostic Centre Moradabad, which has been filed along with rejoinder affidavit, wherein, the age of victim has been shown 20 years. It was submitted that in fact victim is a major girl and she has married with applicant and that out of this marriage, she has given birth to a child. It was submitted that now both the parties i.e. applicant and victim have agreed to remain together as husband and wife. It has been submitted that the applicant is languishing in jail since 30.10.2020 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.
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 Mohit Kumar involved in Case Crime No.326 of 2020, under Sections 363, 376, 506 IPC & Section 5/6 POCSO Act, P.S. Dilari, District Moradabad, 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 :- 22.9.2021 Neeraj