Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21603 of 2021 Applicant :- Sanjau @ Sanjay Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 684/2020, under Sections 376, 511, 452, 504, 506 IPC and 3/4 POCSO Act, police station Kasganj, District Kasganj with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The alleged incident has been shown of 29.08.2020 but FIR has been lodged on 16.09.2020 and no satisfactory explanation of delay in FIR has been shown. It has been submitted that mere allegation in statement of victim girl under Section 161 Cr.P.C. is that applicant took off her clothes and did obscene acts forcibly and on the cries of victim girl, her parents came and applicant accused ran away from there. Similarly in her statement under Section 164 Cr.P.C., victim has alleged that applicant made an attempt to commit rape. Learned counsel has also referred case diary, wherein it has been stated that during investigation,Section 376 and 511 IPC was deleted and in its place Section 354 Kha IPC added but later on after objection of supervisory authority, Sections 376/511 IPC were again added. It was submitted that victim girl has stated her age 18 years and that she was a consenting party. It has been argued that it is not probable that applicant might have entered into the room of victim girl in 12 at night, whereas her parents were present there. It has further been argued that the applicant is in judicial custody since 06.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that as per school certificate the age of victim is 16 years, however the victim has stated her age is 18 years.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Sanjau @ Sanjay involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.7.2021 Ujjawal