Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56014 of 2019 Applicant :- Sandeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Shukla,Abhitosh Mishra Counsel for Opposite Party :- G.A
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is 19 years. As per high school certificate her age is 17 years 7 months and 11 days. From the allegation in the first information report itself it is clear that the victim had affair with the applicant for last six years. Further allegation is that when family members asked him to marry, the applicant has refused and thereafter he has been implicated. It has been submitted that the applicant never had affair with the applicant. She is related to him as cousin(sister), therefore their marriage could not take place. He has further submitted that initially first information report was lodged only for the offence under Sections 420, 504 I.P.C., only to pressurize him for marriage. The allegation of rape has been levelled in statement of victim under Section 164 Cr.P.C. From the statement of the witnesses recorded by the Investigating Officer it appears that the prime concern of all the witnesses is to somehow get the victim married to the applicant, as the applicant is a government servant. Applicant alleges falsely implication and he is in jail since 06.08.2019. Applicant has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the 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, Sandeep Singh, involved in Case Crime No.580 of 2019, under Sections 420, 504, 376 IPC and 3/4 of POCSO Act, Police Station Kotwali Orai, District- Jalaun 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 17.12.2019 SS