Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14862 of 2021 Applicant :- Naushad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Tripathi,Deepak Kumar,Shantanu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 1.8.2020, victim was enticed away by the applicant who took with her Rs. 12,000/- cash and two golden earrings from her home.
It is submitted that the applicant is innocent and he has not committed any offence. Victim was major at the time of incident. She went with the applicant voluntarily. From the contents of FIR, it is clear that she was consenting party. She had also made statement before the Doctor in medical examination that she went with the applicant to Kashipur where both of them lived in the house and also made physical relations with consent. They were known to each other prior to the three months from the incident. No any external or internal injury was found on the person of the victim during medical examination. Her age was found during medical examination above 17 years and she was in a position to understand the nature of act. There is no criminal history against the applicant. The applicant is languishing in jail since 9.8.2020 and in case he is released on bail, he will not misuse the liberty of bail and will co- operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that she was consenting party and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Naushad involved in Case Crime No. 198 of 2020, under Sections 363, 376(2), 120-B I.P.C. and 3/4(2) POCSO Act, Police Station Afzalgarh, District Bijnor, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Arif