Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17967 of 2021 Applicant :- Sachin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Varinder Singh,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.,Deepak Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 40/2021, under Sections 363, 366, 376 IPC & Section 3/4 of POCSO Act, police station Moodhapande, District Moradabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that alleged incident has been shown of 13.02.2021, but F.I.R. has been lodged on 15.02.2021. Learned counsel has referred statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., wherein she has clearly stated that she has gone with applicant with her own free will and they have married with each other in Haridwar and that physical relations were also established between them. In her statement, recorded under Section 164 Cr.P.C., victim girl has reiterated that nothing forcible has been done with her. It was submitted that though as per ossification test, age of victim girl has been shown between 16 to 17 years but in fact she is a major girl and she has already married with applicant. Learned counsel has submitted that in the short counter affidavit filed by opposite party no. 2/first informant, who is father of victim girl, it has been mentioned that victim has already solemnized marriage with applicant and she wants to live with him and thus for the future of his daughter/victim, opposite party no. 2/first informant is not pressing this case against the applicant. It has further been argued that the applicant is in judicial custody since 16.02.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned counsel for the first informant has not opposed the prayer for bail and submitted that victim has already married with applicant.
However, learned A.G.A. has opposed the prayer for bail and argued that victim is a minor girl.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Sachin involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 6.10.2021 Anand