Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26331 of 2019 Applicant :- Sameer Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandrika Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that in medical report the age of victim has been shown about 18 years. In fact at the time of alleged incident the victim was major. The victim in her statement recorded under section 161 Cr.P.C. has not made any allegation against the applicant. The statements of victim recorded under sections 161 and 164 Cr.P.C. show that the victim was a consenting party with co-accused Mahendra. In the statement of victim recorded under section 164 Cr.P.C. it has come that the applicant and co-accused Sanjeev were also present with co-accused Mahendra. The applicant has no concern with the alleged incident. The victim has not made any allegation of rape against the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 22.5.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sameer involved in Case Crime No.654 of 2018, under Section 363, 366, 376 IPC and 4 POCSO Act, Police Station Kotwali Mahoba District Mahoba 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.8.2019 Gss