Hard copy of counter affidavit filed by the learned A.G.A. is taken on record.
It is evident from the office report dated 19.08.2021 that notice on the opposite party No.2 has already been served, but no one one has put in appearance on behalf of the opposite party No.2 today, therefore, the case is proceeded.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.0106 of 2021, under Sections 363, 366, 376 I.P.C. and Sections 3/4 of POCSO Act, Police Station Kheero, District Raebareli, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the prosecutrix left her house on her own and went to meet with the applicant at Kota and also stayed there with the applicant. He also submitted that the applicant is aged about 18 years and the prosecutrix is aged about 17 years as per the radiological examination. He also submitted that the F.I.R. in question was lodged by the father of the prosecution with the allegation that on 19.03.2021, prosecutrix was enticed away by the applicant with the help of his family members. He further submitted that as per the prosecution case, the prosecutrix was recovered on 27.03.2021 and her statement was recorded on 27.03.2021 and on the same day, her statement was recorded under Section 161 Cr.P.C. in which she has categorically stated that she left her house on her own to meet the applicant at Kota on 19.03.2021 and started living with him, she also made physically relations with him on her choice and stayed there for about 8 days and the applicant has not done any forcible act and no one has facilitated her to leave her house. She also stated in her statement that she was in love affair with the applicant since last 9 months.
Learned counsel for the applicant has further submitted that the statement of the prosecutrix was also recorded under Section 164 Cr.P.C. in which she reiterated the story as mentioned in her statement recorded under Section 161 Cr.P.C. He also submitted that in para 4 of his bail application he has specifically mentioned that the prosecutrix herself had called the applicant and went on her own to meet the applicant. He also submitted that the prosecutrix has not supported the prosecution version, but charge sheet has been filed by the Investigating Officer. He also submitted that the applicant does not have any criminal antecedent, he is in jail since 28.03.2021. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the prosecutrix is minor, but he does not dispute this fact that after her recovery, her statement under Sections 161 as well as 164 Cr.P.C. was recorded in which she stated that she left her house on her own and went to meet the applicant at Kota.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Nitin Pasi - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.8.2021 S. Shivhare