Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35849 of 2020 Applicant :- Rishu Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhawesh Pratap Singh Counsel for Opposite Party :- G.A.,Wahaj Ahmad Siddiqui
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by the learned A.G.A., is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that as per certificate of Chief Medical Officer, Prayagraj, age of victim girl is 18 years and that in her statements under Section 161 and 164 Cr.P.C. she has clearly stated that she was in love with applicant and she has gone with him with her own free will and they have married each other in Court. In her statement under Section 164 Cr.P.C. she has also stated that applicant has not established physical relations with her and nothing was done forcibly against her. Learned counsel submitted that in view of statements of victim girl, no case is made out against the applicant. It has been further submitted that the applicant is languishing in jail since 08.03.2020, 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.
Sri Aihul Haq, Advocate holding brief of Sri Wahaj Ahmad Siddiqui, learned counsel for the first informant, has not opposed the bail.
Learned A.G.A. has opposed the prayer for bail.
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 Rishu Kumar involved in Case Crime No. 40 of 2020, under Sections 363, 366, 376 and Section 3/4 POCSO Act, P.S. Khuldabad, District Prayagraj, 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 :- 28.7.2021 A. Tripathi