Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31228 of 2021 Applicant :- Nasir Ali @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Counsel for Opposite Party :- G.A., Prakash Veer Tripathi
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 0042/2021, under Sections 363, 366, 376, 420, 120B IPC & Section 5/6 of POCSO Act, police station Paikoliya, District Basti with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that alleged incident has been shown of 25.12.2020 but FIR has been lodged after four months on 14.04.2021 and no satisfactory explanation for this long delay in FIR has been shown. Learned counsel has referred the statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that victim was a consenting party. In her statement, recorded under Section 164 Cr.P.C., she has inter alia stated that applicant has established physical relations for 4-5 times and that for 1-2 times relations were established with her consent. It was further submitted that victim herself has stated her age as 17 years and that as per ossification test, epiphysis of victim were found fused, which show that victim is a major girl. It was also submitted that victim has refused for her medical examination and thus, her version is not supported by any medical evidence. It was submitted that in fact when applicant has refused to marry with victim girl, first informant has lodged this FIR by making false and baseless allegations. It has further been argued that the applicant is in judicial custody since 28.05.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that victim is a minor girl and her date of birth is 05.05.2004. It was further submitted that victim has made allegations of rape against the applicant.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Nasir Ali @ Sonu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Anand