By means of this application the applicant Rakesh @ Bihari has prayed to release him on bail in Case Crime No. 222 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO ACt, Police Station Malpura, District Agra.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 30.6.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix is major. She has been held to be of 18 yeaers in medical age determination by medical board and it may be with variation of two years either way. She in her statement recorded under Section 164 Cr.P.C. has categorically said to be with applicant under her own volition with no accusation of rape. Hence bail has been prayed for during trial.
Even after sufficient service of notice, none turned up on behalf of the informant to oppose the bail application.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that there is no accusation of rape in the statement of prosecutrix recorded under Section 164 Cr.P.C. She has been held to be major i.e. 18 years of age in medical age determination .
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Rakesh @ Bihari , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.2.2021 Ravi Prakash