By means of this application the applicant Ravindra Gaur has prayed to release him on bail in Case Crime No. 179 of 2020, u/s 363, 366, 376, 507 I.P.C, Section 3(2)V of SC/ST Act & 3/4 of POCSO Act, P.S. Phoolpur, District Azamgarh.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 16.7.2020. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix is major. She has been held to be of 18 years in medical age determination by Medical Board and she, in her statement recorded under Sections 161 of Cr.P.C., has said nothing incriminating against applicant rather it was a consensual living by her. In her statement recorded under Section 164 of Cr.P.C., no accusation of rape is there. Rather, it was with some development but it was improbable to take on cycle, that too, while prosecutrix is unconscious. Hence bail has been prayed for.
Learned learned counsel for the informant has vehemently opposed with this contention that as per school record, age of prosecutrix is 15 years and 8 months. She is minor. A detailed counter affidavit is required.
Learned AGA has vehemently opposed but could not oppose this fact that applicant is of no criminal antecedent and prosecutrix has been held to be of 18 years in medical age determination by Medical Board.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that prosecutrix has been held to be of 18 years in medical age determination by Medical Board and she has said nothing incriminating against applicant in her statement recorded under Section 161 of Cr.P.C. No accusation of rape is there in the statement recorded under Section 164 of Cr.P.C. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ravindra Gaur, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.1.2021 Kamarjahan