Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8658 of 2019 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Satya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The accused applicant has filed present application against the orders passed by the learned Additional Sessions Judge/Special Judge POCSO Act Court no.6 Ghaziabad dated 23.10.2018 and the bail rejection order dated 7.8.2019 of the Court of Special Judge/POCSO Act/8 Additional Sessions Judge, Court No.9 Ghaziabad in bail application no.839/2018.
It is contended that the applicant has been falsely implicated in the commission of the present offence by the informant as the informant did not want to solemnize the marriage of the applicant and his daughter. It is further contended that the alleged incident said to have taken place between 9.6.2018 to 16.6.2018 and the first information was lodged on 28.6.2018, wherein it was alleged that when the informant and his wife had gone out of their house for their work, his daughter was staying alone in her house and on 9.6.2018 when the applicant seen the victim staying alone in her house, committed rape and threatened to face dire consequences. On16.6.2018, when the informant did not find his daughter in her house he searched for her here and there and when he heard the alarm raised by his daughter he has gone to that side and found that the applicant who was committing rape on seeing the informant ran away. It is further contended that no medical examination of the victim was conducted and the statement of the victim under section 161 Cr.P.C. and 164 Cr.P.C. were recorded. It is further contended that the victim is a consenting party but being seen by her father, the victim has narrated story otherwise which is totally false and concocted. It is further submitted that both the victim and the applicant have fallen in love and both have married to each other against wish of the informant. It is further submitted that during the period when the applicant was in jail, the victim was residing in her in-laws house as legally wedded wife of the applicant. The charge sheet has already been submitted in this case and the trial has already commenced. The informant who was examined as P.W.1 has not supported the prosecution version and accepted that the victim is already married, the applicant and he has no objection to the said marriage. It is also contended that the victim was also examined as P.W.2 and stated that she married with the applicant and she was 18 years old at the time of her marriage with the applicant. It is further submitted that the applicant has been falsely implicated. The applicant is in jail since 7.9.2018. The applicant has no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Raju be released on bail in Case Crime No.1323 of 2018, under Sections 376(3) and 506 IPC, and section 3/4 POCSO Act P.S.-Singhani Gate, District-Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Harshita