Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32538 of 2021 Applicant :- Ramkesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 236/2021, under Sections 363, 376 IPC & Section 3/4 of POCSO Act, police station Kotwali, District Maharajganj with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that as per age certificate, issued by concerned C.M.O., age of victim is 20 years and thus, she is a major girl. Learned counsel has referred the statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that entire attending facts and circumstances of the case show that victim was a consenting party and she herself has gone to Delhi with applicant and remained there for about 12 days. It was further submitted that in her statement, recorded under Section 164 Cr.P.C., victim girl has not made any allegation of rape against the applicant, rather she has clearly stated that no physical relations were established with applicant. Learned counsel has submitted that in view of age of victim and her statement, recorded under Section 164 Cr.P.C., no case is made out against the applicant. It has further been argued that the applicant is in judicial custody since 04.06.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Ramkesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.10.2021 Anand