Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28714 of 2021 Applicant :- Ramu @ Ram Kishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Chandra Singh,Satish Chandra Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
None has appeared on behalf of first informant despite service of notice.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It has been submitted that alleged incident has been shown of 24.03.2021 and FIR was lodged on 03.04.2021. In her statement, under Section 161 and 164 Cr.P.C., the victim has stated her age as 18 years and she has clearly stated that she was in love with applicant and that she has gone to Mumbai with applicant at her own free will and they have married in a temple and remained there as husband and wife. It was submitted that in her statement, under Section 161 and 164 Cr.P.C., victim has not made any allegation of rape or physical relations against applicant. Learned counsel further submitted that as per ossification test report, age of victim is shown 16 years but she herself has stated her age as 18 years and that by giving a margin of two years in the age shown in ossification test report, the victim appears a major girl and that she has not made any allegation of kidnapping or of rape against applicant. It has been submitted that the applicant is languishing in jail since 07.04.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim is a minor girl thus, her consent has no value.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Ramu @ Ram Kishan involved in Case Crime No.64 of 2021, under Sections 363, 366, 376 IPC & under Section 3/4 POSCO Act, P.S. Uska Bazar, District Siddharth Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 Neeraj