Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35356 of 2020 Applicant :- Ramesh Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.,Geeta Kushwaha,Sunil Kumar Kushwaha
Hon'ble Dinesh Kumar Singh-I,J.
Learned A.G.A. has filed Counter-Affidavit and the same is taken on record.
Heard Sri Jai Prakash Singh, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for the State.
Order-sheet does not reveal impleadment of informant as O.P. No.2, hence looking to the fact that this case is registered under P.O.C.S.O. Act, applicant is directed to implead informant as O.P. No.2, although from the side of informant, Sri Sunil Kumar Kushwaha is present.
Let the amendment be incorporated during the course of day.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 297 of 2020 under Sections 363, 366, 504 and 376 (1) I.P.C. and Section 3/4 of P.O.C.S.O. Act, P.S. Manjhanpur, District Kaushambi.
As per F.I.R. which has been lodged by Keshan Lal, his daughter Kmr. Arti aged about 17 years had gone out of house on 5.06.2020 at about 1:00 p.m. with her sister in order to go to the adjoining house but on the way, the accused applicant had enticed her away on motorcycle and when the informant checked, it was found that she had also taken away with her cash and jewellery from home.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is innocent. Radio-logical age of the victim is found to be between 18-19 years, copy regarding which is annexed at page no. 44 of the paper book and also he has drawn attention towards the application "Vivah Hetu Anudan-Uttar Pradesh Shasan" filled by informant in which age of the victim is shown as 22 years. In statement of the victim recorded under Section 161 Cr.P.C., copy of which is annexed at page no. 27 of the paper book, it is stated by her that she was student of B.Sc. Part 2, her father wanted to marry her to someone else because of which, she left home without telling her parents with someone to Manjhanpur at 3:40 p.m. and thereafter she went from there to Puramufti where she stayed for two days; she stated that nothing wrong was committed with her and when later on her father knew where she was staying, he reached the place of her staying and took her to the police station on 7.06.2020 at about 10:00 a.m. She has given statement under the influence of her father after 6 days in which she has stated that it was applicant who had committed rape upon her after taking her on motorcycle, therefore, it is argued that when she came under influence of her father, she changed her statement under Section 164 Cr.P.C. No injury is found on her person in her internal examination although hymen was not found intact; the accused applicant is in jail since 08.06.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the bail and learned counsel for the informant has stated that no such form which is stated above, was filled up from the informant side.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Ramesh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.1.2021 A. Mandhani