Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Neeraj Kumar Jogi seeks bail in Case Crime No. 75 of 2020, under Sections 363, 376 IPC and section 3/4 of POCSO Act, P.S. Kishanpur, District- Fatehpur.
Learned counsel for the applicant has submitted that as per the allegations made in the first information report, it is alleged that the victim is aged about 16 years. The victim refused to get her medically examined. Learned counsel for the applicant has next drawn the attention of the Court to the statement of victim recorded u/s 164 Cr.P.C. in which she has clearly stated that on 11th June, 2020 at 9:30 pm., she had left her home alongwith applicant and went to Delhi as her parents used to beat her and stayed in Delhi with the applicant as husband and wife as her parents had refused to get her married with the applicant and she has made consensual physical relations with him and wants to marry him. Looking to the said statement, prima facie a case for bail is made out.
Learned counsel for the applicant has next submitted that applicant is in jail since 26.9.2020 and has no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing from the judicial process or tampering the evidence and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Neeraj Kumar Jogi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 22.1.2021 KU