Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32553 of 2021 Applicant :- Pintu Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar,Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.,R.S. Pandey,Rajshree Malviya
Hon'ble Subhash Chandra Sharma,J.
List has been revised. None appears on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that the applicant was in relation with the victim for a period of five years from the date of incident and making relations with her and when the victim became pregnant, she was subjected to miscarriage by administering medicine then she disclosed the fact to her mother and lodged an F.I.R. against the applicant.
Learned counsel for the applicant submitted that the applicant is innocent and has not committed any offence as alleged in the F.I.R.. The victim was major at the time of incident. During medical examination her age was found above 18 years. No any injury was found on the person of the victim. No evidence is on record regarding miscarriage. The victim was consenting party, therefore, offence under Section 376 I.P.C. is not made out. The applicant has no criminal history and he is in jail since 17.05.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
Learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case and submission made by the learned counsel for the parties, considering the age of the victim and the fact that there are relation between the applicant and victim for a period of five years which indicates consent, without expressing any opinion on the 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-Pintu Nishad involved in Case Crime No.237 of 2021, under Sections 376 and 313 I.P.C. and Section 5/6 Protection of Children From Sexual Offences Act, 2012,, P.S. Khorabar, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Asha