Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15286 of 2021 Applicant :- Pankaj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Kumar,Swapnil Kumar Counsel for Opposite Party :- G.A.,S.B.Singh
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It was submitted that as per prosecution version, victim girl has been recovered after one month along with applicant and they were staying in a village, which clearly shows that victim girl was a consenting party. Learned counsel has referred the statement of victim girl recorded under Section 161 and 164 Cr.P.C., wherein inter alia, she has stated that they have stayed for about one month together and she used to prepare the food etc., however, she has also alleged that applicant has established physical relations with her. It has been submitted that as per medical examination report, the radiological age of victim is more than 18 years and thus, she is a major girl. It was submitted that alleged school certificate wherein her age has been shown 16 years, is false and baseless and her age has been shown less. It was further submitted that applicant is also aged around 17-18 years and now, he is languishing in jail since 24.01.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the first informant and learned A.G.A. have opposed the prayer for bail and argued that as per school certificate, the date of birth of victim girl is 01.01.2005 and thus, victim is a minor girl, however, it could not be disputed that as per medical examination report, the radiological age of victim girl is more than 18 years.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Pankaj Kumar involved in Case Crime No.03 of 2021, under Sections 363, 366 and 376 IPC and Sections 3/4 POCSO Act, 2012, P.S. Sikandarpur, District Ballia, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.7.2021 Neeraj