Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35364 of 2015 Applicant :- Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- R. P. Kanaujiya,Balbeer Singh,Bijay Singh Sachan Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 219 of 2015, under Sections-363, 366, 376 and 120-B IPC and Sections-3/4 of POCSO Act, P. S.-Etmaddaula, district-Agra and is in jail since 8.5.2015, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the F. I. R. was lodged by the father of the prosecutrix on 1.4.2015 alleging that her minor daughter aged about 11 years had been abducted by one Rizwan. He next submitted that the prosecutrix was recovered on 7.5.2015 and her statement under Section 164 Cr. P. C.was recorded after an inordinate and unexplained delay of five days on 13.5.2015. He has further submitted that although the prosecutrix in her statement recorded under Section 164 Cr. P. C. has made allegation of rape against the applicant but from the tenor of the facts stated by her in her statement, it is established that neither the applicant had abducted nor kidnapped her. Moreover, although the victim has alleged that the applicant had committed rape on her but the factum of rape does not find corroboration from any medical evidence, as she refused to get herself examined medically. He has lastly submitted that since the applicant's trial has not made any progress, he is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A. G. A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Monu be released on bail in Case Crime No. 219 of 2015, under Sections-363, 366, 376 and 120-B IPC and Sections-3/4 of POCSO Act, P. S.-Etmaddaula, district-Agra on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with 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.
Order Date :- 29.3.2018 HR