Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16196 of 2021 Applicant :- Mukul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.,Ashutosh Pratap Singh,Lokendra Pratap Singh
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Mukul Kumar in connection with Case Crime No. 34 of 2021, under Sections 363, 366 I.P.C. and Section 16/17 POCSO Act, Police Station Awagarh, District Etah.
Heard learned counsel for the applicant, Mr. Manoj Singh, Advocate holding brief of Mr. Ashutosh Pratap Singh, learned counsel for the complainant and the learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that the prosecutrix in her statement under Section 161 Cr.P.C. has said that she went away of her own along with Akash boarding a train to Tundla and therefrom to Lucknow and thence to Muzaffarnagar. She proceeded along with him from Muzaffarnagar to Kolkata and from Kolkata to Bhubaneswar where she stayed with Akash in a Hotel. Again in her statement made to the doctor in confidence, the prosecutrix has stated that she went away along with her boyfriend, Akash on 05.02.2021 on a tempo to Tundla wherefrom she boarded a train to Lucknow and indicated the various destinations that she traveled with Akash staying finally at Shastri Nagar, Bhubaneswar. However, in her statement under Section 164 Cr.P.C. she has alleged that she was kidnapped forcibly by the applicant, Mukul and Vivek whereafter she was rendered unconscious and handed over to Akash, who carried her to Orissa. It is submitted that the aforesaid statements are all inconsistent and the role assigned to the applicant is one that is introduced in the first time under Section 164 Cr.P.C. and nowhere else. The allegation against the applicant, in the submission of the learned Counsel is, therefore, suspect. The applicant has no criminal history and is in jail since 18.02.2021.
Mr. Manoj Singh, Advocate holding brief of Mr. Ashutosh Pratap Singh, learned counsel for the complainant and the learned A.G.A. have opposed the bail plea.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is material inconsistency between stand of the prosecutrix in her statement under Section 161 Cr.P.C. and that made to the doctor on one hand and the statement under Section 164 Cr.P.C., the fact that there is no role assigned to the applicant at any stage prior to the statement under Section 164 Cr.P.C. and the fact that applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Mukul Kumar involved in Case Crime No. 34 of 2021, under Sections 363, 366 I.P.C. and Section 16/17 POCSO Act, Police Station Awagarh, District Etah be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 8.4.2021 Brijesh Maurya