Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45264 of 2020 Applicant :- Pushpendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pushpendra seeking bail in Case Crime No. 17 of 2020, under Sections 363, 366, 376 IPC and section 3/4 of POCSO Act , P.S. Matsaina, District Firozabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the medical report the age of the victim is about seventeen years.
Learned counsel for the applicant has next drawn attention of the Court towards the statement of the victim recorded under section 164 Cr.P.C. in which she has categorically stated that she had fallen in love with the applicant and had visited several places alongwith the applicant and stayed with the applicant and made physical relations.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 5.2.2020 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Pushpendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 6.1.2021 R