Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37485 of 2021 Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 06.04.2021 victim got missed from her house and her father lodged F.I.R. under Section 363 I.P.C. against unknown persons. During investigation applicant was involved in this case and case was converted under Section 363, 366, 376 I.P.C. & 3/4 POCSO Act.
It is submitted that applicant is innocent and has been falsely implicated in this case. He has committed no offene nor made any enticement of the victim. Victim went to Delhi herself where she met with the applicant. She was major at the time of the alleged incident and both of them came into contact thereafter began to love each other, later on they entered into marriage. This fact has been disclosed by the victim herself in her statement recorded u/s 164 Cr.P.C. She was living with the applicant as wife. No any allegation of rape has been made by the victim against her will. During investigation her age was found about 17 years, therefore, she was in capacity to under the nature of the act and was consenting party. The applicant is languishing in jail since 28.05.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that victim was minor at the time of incident, therefore, her consent was immaterial at that stage. Hence, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record and 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 Rahul involved in Case Crime No.102 of 2021, under Sections 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station Mainather, District Moradabad, 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 :- 23.12.2021 Ashok Gupta