Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1018 of 2021 Applicant :- Sachin Kumar Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.,Adesh Kumar
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, Sri Adesh Kumar, learned counsel appearing for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that entire prosecution story is based on false facts. Investigating Officer did not collect the video footage said to have been uploaded in the matter. Referring to the age of the victim it was further argued that physical relations between the applicant and the victim girl continued till the age of 19 years. This fact itself shows that he was consenting party. It was next argued that applicant was falsely implicated in this case due to the pressure of the family members. He is in jail since 20.08.2020 and in case he is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant and learned AGA opposed the prayer for bail and argued that offence of rape is clearly attracted in the present matter as physical relations with the victim was established by the applicant when victim was minor. If plea of consent is taken into consideration then also the consent of the minor girl cannot be taken as free consent.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Sachin Kumar involved in Case Crime No. 316 of 2020, under Sections 376, 465, 471 I.P.C., Section 67 Information Technology Act and Section 3/4 of Protection of Children From Sexual Offences Act, P.S. Kithor, District Meerut 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 the 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 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 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 :- 6.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.06 14:21:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad