Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27261 of 2021 Applicant :- Sachin Pal @ Bhim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pragya Srivastava,Ajay Kumar Srivastava,Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. None has appeared on behalf of informant despite service of notice.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Learned counsel for the applicant has referred the statement of victim girl recorded under Section 161 and 164 Cr.P.C. and submitted that victim was a consenting party and she is a major girl. It has been submitted that applicant is languishing in jail since 23.05.2021 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.
Learned A.G.A. has opposed the prayer for bail and argued that as per educational record, the victim is a minor girl.
Perusal of record shows that the radiological age of victim girl has been shown above 19 years and that in her statement recorded under Section 161 Cr.P.C. she has stated that she used to talk and meet with applicant and applicant has taken her on pretext of marriage and physical relations were also established between them. In her statement recorded under Section 164 Cr.P.C., victim girl has stated that she has gone with applicant with her own free will and that she was having a relationship with applicant and that applicant has not made any false promise of marriage and physical relations were established with her consent and that while they were planning to go to Bihar, police have apprehended them. She has also stated that she has married with applicant on 21.05.2020.
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 Sachin Pal @ Bhim involved in Case Crime No.116 of 2021, under Sections 363, 366, 376 IPC & 5/6 POCSO Act, P.S.Karnda, District Ghazipur, 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 :- 21.9.2021 Neeraj