Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant contended that in her statement under Section 161 Cr.P.C. prosecutrix has stated that she on her own accord went with accused-applicant and that she had called the accused-applicant. This statement under Section 161 Cr.P.C. has been confirmed in statement made by prosecutrix under Section 164 Cr.P.C. Learned counsel for applicant further contended that the age of prosecutirix as per the school certificate is 16 years and the age of 16 years is age of discretion and (+/-) two(2) years on either side can be taken. It is lastly contended that in view of the statement of the prosecutrix the element of enticing the prosecutirx or taking away is missing, thus no offence under Section 363 IPC is made out. The applicant is in jail since 21.08.2019 having no previous criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let applicant Sahul @ Raj Tilak, involved in Case Crime No. 178 of 2019, under Sections 363, 366 and 506 IPC and 7/8 POCSO Act Police Station- Sammanpur, District-Ambedkar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 27.11.2019 J.K. Dinkar