Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15953 of 2021 Applicant :- Raja Sonkar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena,Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Alleged incident of kidnapping has been shown of 08.02.2020 but FIR has been lodged after about ten months on 28.12.2020. The victim girl has stated in her statement under Section 164 Cr.P.C. that she has returned back to her home in November, 2020 but the FIR has been lodged even after one month of her coming back. It was submitted that as per age certificate, issued by C.M.O. Varanasi, the age of victim girl is 19 years and thus, she was a major girl. Learned counsel has referred the statement of victim recorded under Section 161 and 164 Cr.P.C. and submitted that victim has remained with applicant for several months and that all the attending facts and circumstances of the case show that victim was a consenting party. It was also submitted that there are material contradictions in the statement of victim girl. Learned counsel has referred the statement of victim girl recorded under Section 164 Cr.P.C., wherein she has stated that on 08.02.2020, she herself has gone to the house of applicant but the mother of applicant has made her to run away after beating her. It was submitted that victim is a major girl and she was a consenting party. It has been further submitted that the applicant is languishing in jail since 28.12.2020 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 and argued that as per school certificate, the age of victim girl is below 18 years, however, as per age certificate, issued by C.M.O. Varanasi, her age is 19 years.
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 Raja Sonkar involved in Case Crime No.667 of 2020, under Sections 376, 323, 363, 506 IPC & 3/4 POCSO Act, P.S.Bhelupur, District Varanasi, 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 :- 22.9.2021 Neeraj