Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52487 of 2019 Applicant :- Ram Lakhan Opposite Party :- State of U.P.
Counsel for Applicant :- Amrit Shanker Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there is false implication of applicant in this case. The victim has stated in her statement under Section 164 Cr.P.C. that she was having affair and physical relationship with the applicant for last one year. However, it appears that thereafter some dispute took place between them and she has implicated the applicant. The age of the victim as per the transfer certificate of class 4th is 19 years, 3 months and as per medical report the age of the victim has been found to be 17 years. Given margin of two years on the higher side she can be considered to be major. The medical report does not supports the prosecution case. The applicant is in jail since 10.07.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Ram Lakhan, be released on bail in Case Crime No. 0248 of 2019, under Sections- 452, 376, 406, 506 IPC & Section 7/8 of POCSO Act, Police Station- Jasrana, District- Firozabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Rohit