Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20075 of 2021 Applicant :- Rajan @ Raj Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Anil Kumar Srivastava (Senior Adv.),Ram Bahadur Counsel for Opposite Party :- G.A.,Yogesh Chandra Yadav
Hon'ble Raj Beer Singh,J.
Heard Sri Anil Kumar Srivastava, learned Senior Counsel, assisted by Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri Yogesh Chandra Yadav, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by the learned Senior Counsel for the applicant that the applicant is innocent and he has not committed any offence. Learned Senior Counsel has referred the statement of victim girl, recorded under Section 161 & 164 Cr.P.C., and submitted that victim herself has stated her age as 18 years and that she has clearly stated that she has gone with applicant with her own free will and she has married with him. It was submitted that though, as per certificate, issued by the Chief Medical Officer, Jaunpur, age of victim has been shown as 17 years but in fact she is a major girl and she herself has stated her age as 18 years. It was also stated that victim has refused to undergo her medical examination and thus, there is no medical evidence to show that any rape has been committed upon her. Referring to statement of victim girl and her age, learned counsel has also referred the case of Diwakar Yadav vs. State of Chattishgarh 2020 SCC OnLine Chh 491. It was also submitted by learned Senior Counsel that alleged incident has been shown of 16.01.2021 and first information report was lodged on 19.01.2021. It was further submitted that applicant is languishing in jail since 04.02.2021, 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. and learned counsel for the first informant have opposed the prayer for bail and argued that the date of birth of victim is 15.07.2004 and that victim has falsely stated her date of birth as 01.01.2003. Even as per age certificate, issued by the Chief Medical Officer, the age of victim is about 17 years and thus, she was a minor girl. However, it has not been disputed that victim has not made any allegation of kidnapping and rape against the applicant.
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 Rajan @ Raj involved in Case Crime No. 21 of 2021, under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO Act, P.S. Shahganj, District Jaunpur, 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 :- 27.9.2021 A. Tripathi