Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16939 of 2019 Applicant :- Saiddin Opposite Party :- State of U.P.
Counsel for Applicant :- Prabhakar Singh,Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.,Parmeshwar Yadav
Hon'ble Suresh Kumar Gupta,J.
List revised. None is present on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. 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 case. He further submits that F.I.R. has been lodged by father of the victim. Further he submits that in the statement recorded under Section 161 Cr.P.C. the victim has made allegation of only attempt to rape against the applicant while the statement recorded under Section 164 Cr.P.C., which was recorded after two and half months of the alleged occurrence, the victim has supported the prosecution version. As per radiological report the age of the victim is 19 years and thus she is major. As per medical there is neither the physical injury nor genital injury on the private part of the victim and as per medical report it also appears that on the examination of vaginal smear, no motile or non motile spermatozoa was seen. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 30.1.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Saiddin involved in Case Crime No. 22 of 2019, under Sections 376 I.P.C. and 3/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) Act, P.S. Sonauli, District- Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2019 Anuj Singh