Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36400 of 2021 Applicant :- Naved Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.,Avadh Raj Sharma
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.110 of 2020, under Sections 363, 366 & 376 I.P.C. & Section 3/4 of Protection of Children From Sexual Offences Act, 2012, P.S. Gabhana, District Aligarh during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per medical report, the applicant is aged about 17 years and from the statement of the victim recorded under section 161 Cr.P.C. it has been stated that victim had left her parental house and went to Noida and lived there in her relative house because her father settled her marriage with an old person with whom she did not want to marry. There is no allegation of sexual assault against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 27.04.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Naved be released on bail in Case Crime No.110 of 2020, under Sections 363, 366 & 376 I.P.C. & Section 3/4 of Protection of Children From Sexual Offences Act, 2012, P.S. Gabhana, District Aligarh on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.12.2021/SKD