Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28436 of 2020 Applicant :- Sandeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sandeep has prayed to release him on bail in Case Crime No. 419 of 2019 u/s 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Civil Lines, District Etawah.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 16.6.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. He is of no criminal antecedents. Prosecutrix in her statement recorded under Sections 161 and 164 Cr.P.C. as well as before Medical Board has categorically said to be under affairs with applicant and married voluntarily with the applicant. She has been held to be of 17 years in medical age determination by medical board though she is major. This 17 years may be with two years variation either way. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not dispute this fact that applicant is of no criminal history.
Even after sufficient notice, none appears on behalf of the informant.
Having heard and gone through the material placed on record, it is apparent that prosecutrix in her statement recorded under Sections 161 & 164 Cr.P.C. has said nothing incriminating against the applicant. Rather, she said herself to be legally wedded with the applicant. She has been held to be 17 years of medical age determination by the Medical Board, this may be with two years variation either way.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Sandeep , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.1.2021 Ravi Prakash