Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29989 of 2020 Applicant :- Mukul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.,Arvind Kumar Srivastava,Atul Kumar Srivastava,Rajeev Sisodia
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Mukul Kumar has prayed to release him on bail in Case Crime No. 1101 of 2019 u/s 376, 120-B, 506 I.P.C. and Section 16/17 POCSO Act, P.S. Kotwali Sahar Bijnor, District Bijnor .
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 19.6.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedent. He has not been assigned role of committing rape with prosecutrix rather it was co-accused Sanky for whom there was a accusation of rape. Applicant was of no concern with the alleged offence being said to be committed by Sanky. Prosecutrix has been held to be 15 years of age as per medical age determination by medical board. She in her statement under Sections 161 & 164 Cr.P.C. has categorically stated about rape committed by Sanky. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not oppose this fact that applicant is of no criminal antecedent and no role of rape is against him.
Having heard learned counsel for the parties and gone through the material placed on record, it is apparent that applicant was not assigned role of committing rape with the prosecutrix rather it was to the co-accused Sanky who was said to have committed rape with prosecutrix.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Mukul Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.1.2021 Ravi Prakash