Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21185 of 2021 Applicant :- Rajan Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Affidavit of compliance, filed by the learned A.GA., is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The victim is a major girl and that in first information report, her age has been stated 18 years and 5 months and victim has also stated her age as 18 years and that as per age certificate, issued by the Chief Medical Officer, Maharajganj, the age of victim is 19 years. It has been submitted that in her statement under Section 161 and 164 Cr.P.C., victim girl has stated that she was taken away by the applicant on pretext of marriage and that she has gone with him to several places including Ballia, Ayodhya and Nepal but during that period, she has never made any complaint. It has also been stated that in her statement under Section 164 Cr.P.C., she has also stated that she wants to marry with applicant and to live with him. Referring to statement of victim, recorded under Section 161 and 164 Cr.P.C., it was submitted that victim was a consenting party and that she is a major girl and thus, no offence is made out against the applicant. The allegation of victim that applicant has established physical relations with her on pretext of marriage, is false and baseless. It was further submitted that no injury has been shown in the medical examination report of victim. The alleged incident has been shown of 23.02.2021 but the first information report has been lodged on 01.03.2021. Lastly, it was submitted that the applicant is languishing in jail since 06.03.2021, 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 and argued that victim has made allegation against the applicant that applicant has established physical relations with her on pretext of marriage.
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 Singh involved in Case Crime No. 40 of 2021, under Sections 363, 366, 376, 506 IPC and Section 3/4 POCSO Act and Section 3(2)5 SC/ST Act, P.S. Sonauli, District Maharajganj, 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