Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25788 of 2020 Applicant :- Ratan Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Akhilesh Srivastava Counsel for Opposite Party :- G.A.,Bratendra Singh,M.P.S. Chauhan
Hon'ble Ashwani Kumar Mishra,J.
This bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.08 of 2020, under Sections 363, 366, 376, 504 IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station- Chharra, District- Aligarh during pendency of the trial.
I have heard Sri Akhilesh Srivastava, learned counsel for the applicant and learned AGA for the State. None however has appeared on behalf of the complainant although video link has been sent to the counsel concerned As per the prosecution case in the first information report the victim is aged about 13 years who had gone to attend the call of nature at about 9 P.M. on 27.01.2020 but when she failed to return within a reasonable time, the complainant made necessary inquiry and was informed by one Devendra that he has seen the victim going along with the accused Ratan on a motorcycle. The investigation has proceeded in the matter and statement of the victim under Section 161 and 164 Cr.P.C. has been placed on record which does not support the prosecution version. The victim states that she is aged about 19 years of age and has voluntarily married the accused. Medical examination has also been conducted of the victim in which her age was found to be about 16 years and there is no sign of forcible penetration at the time of internal examination of the victim.
Learned counsel for the applicant states that the age of the victim was about 19 years at the time of alleged occurrence and the school leaving certificate does not correctly record her age. It is also stated that the allegation made in the FIR is not supported by the statement of the victim herself. Attention of the court has also been invited to the supplementary affidavit as per which affidavits have been filed by the complainant, as also by the victim, denying the allegations made in the first information report. It is further submitted that the applicant is in jail since 07.02.2020 and there is no possibility of early conclusion of trial. Even otherwise, it is contended that in view of Covid-19 pandemic prevailing circumstance, the applicant is liable to be released on bail. It is further submitted that there is no criminal history of the applicant and parties have otherwise solemnized their marriage.
Learned A.G.A opposed the prayer for bail but has not controverted the aforesaid facts.
In view of the specific statement of victim denying the prosecution story and looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice 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 Ratan Kumar 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 :- 28.4.2021 A.Kr.