Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40650 of 2021 Applicant :- Mohsin@ Arman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned A.G.A. informed that service of notice upon victim/complainant has been effected but none appears on behalf of complainant/victim.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 491 of 2021, under Section 363 I.P.C. & Section 7/8 of Protection of Children from Sexual Offences Act, registered at P.S.- Kotwali City, District- Bijnor.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The allegations levelled against the applicant are fully false and baseless and case under Section 363 I.P.C. and 7/8 of POCSO Act is not made out against him. Further submitted that the victim herself went with the applicant out of her own sweet will. There was no enticement and no force was used. Victim in her statement under Section 161 & 164 Cr.P.C. has not supported the prosecution story. She has specifically stated in her statement that on 09.07.2021 some quarrel took place in the family with her and out of annoyance she left the house and went to Chandigarh alone where she met with the applicant. She loves applicant and there was no physical relation between them. The applicant is languishing in jail since 30.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail however could not dispute the statement of victim under Section 161 & 164 Cr.P.C.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the victim has specifically stated in her statement under Section 161 and 164 Cr.P.C. that she left her house alone on her own sweet will, hence, offence under Section 363 I.P.C. is not made out, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Mohsin@ Arman involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 VPS Digitally signed by ANIL KUMAR OJHA Date: 2021.12.22 17:20:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad