Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49920 of 2021 Applicant :- Mukesh Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Sharma,Pavan Kishore Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 109 of 2021, under Sections 363, 366-A, 376 IPC & 5J (II)/6 of POCSO Act, Police Station Lalganj, District Mirzapur, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) As per FIR, victim is aged about 16 years. The victim is fully capable of understanding what was happening with her. In her statement under Section 164 Cr.P.C. she states that she went with the accused-applicant at her own free will and also states that she has solemnized her marriage with the applicant and lived with the him as husband and wife. She did not level any allegation of rape against the applicant. The victim is a consenting party with the applicant.
(iii) Applicant is in jail since 30.6.2021 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim recorded under section 164 Cr.P.C. she did not level any allegation of rape against the applicant, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Mukesh Kumar Sharma be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to 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 or case.
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 :- 21.12.2021 Sumaira