Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17019 of 2021 Applicant :- Pravesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant 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 been falsely implicated in this case. It has been submitted that in her statement recorded under Section 161 Cr.P.C., victim girl has stated that she herself has gone with applicant and that physical relations were established and after that she was apprehended by police. Learned counsel submitted that in her statement under Section 164 Cr.P.C., victim has not made any allegation of kidnapping or of rape against applicant. In her statement under Section 164 Cr.P.C., victim girl has clearly stated that she herself has called the applicant and that after that she has gone with him in his car and physical relations were established and that she wanted to marry with the applicant. It has been submitted that victim girl has stated her age is 18 years and that as per the age certificate of victim, her age is 18 years. It was submitted that in view of age and statement of victim girl, no case is made out against the applicant. It has been submitted that the applicant is languishing in jail since 23.02.2021 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 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 Pravesh Kumar involved in Case Crime No.12 of 2021, under Sections 363, 366, 368 and 376 IPC & 3/4 POCSO Act, P.S. Balainee, District Baghpat, 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 :- 29.7.2021 Neeraj