Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12913 of 2021 Applicant :- Pappu Baksh Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State. None has appeared on behalf of informant despite taking the case in revised list.
Perusal of record shows that applicant is not named in the first information report. In her statement recorded under Section 161 Cr.P.C, victim girl clearly stated that she has gone with applicant with her own free will and she has solemnized Niqah with him and they were residing in Srinagar as husband and wife. Similarly in her statement recorded under Section 164 Cr.P.C., she has reiterated merely same version and stated that she has gone with applicant with her free consent and she has solemnized Niqah with him and that now she is having pregnancy of three months from her husband. In her statement recorded under Section 161 Cr.P.C., victim has stated that her age is 23 years, however, as per medical examination report age of victim has been shown 16 years. It has been submitted that the applicant is languishing in jail since 11.11.2020 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 A.G.A. has opposed the prayer for bail.
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 Pappu Baksh involved in Case Crime No.389 of 2020, under Sections 363, 366 and 376 IPC and Section 3/4 POCSO Act, P.S. Banda, District Shahjahanpur, 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 :- 27.7.2021 Neeraj