Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39628 of 2021 Applicant :- Ravi Karan @ Ravi Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.,Arvind Kumar
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Facts in brief are that victim was enticed away by the applicant alongwith other two co-accused persons namely Atul Singh and Deshraj.
It is submitted that the applicant is innocent and has been falsely implicated in the present case. Victim was major at the time of incident and as per Adhaar Card age of the victim is 17 years 8 month 26 days. During medical examination her age was found about 17 years. She went with the applicant voluntarily about which she has stated in her statement recorded u/s 161 Cr.P.C. before the Investigating Officer as well as before the medical officer. It is further submitted that victim went with the applicant to Pachnehi, Bebru and then went to Ahmbdabad from there she came back to Shahjahapur and Bandausa. Applicant has not committed wrongful act with her. During medical examination, no injury was found on her person. The applicant is in jail since 17.05.2021. Co-accused Deshraj has already been enlarged on bail by co-ordinate Bench of this Court. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and urged that in this case victim was minor at the time of incident, therefore, applicant is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of the evidence on record and without expressing any opinion on the 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 Ravi Karan @ Ravi involved in Case Crime No.116 of 2021, under Sections 363, 366, 376, 504, 506 I.P.C.
& Section 3(1)(Da), 3(1)(Dha), 3(2)(5)Ka of SC/ST Act & Section 3/4 POCSO Act, P.S. Bisanda, District Banda be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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
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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Neetu