Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26088 of 2019 Applicant :- Sanju Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandrika Prasad Shukla Counsel for Opposite Party :- G.A.,Tarun Kumar Tripathi
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicate in the present case. The victim in her statement recorded under section 161 Cr.P.C. has stated that she has gone with co -accused Mahendra on her own sweet will. The victim in her statement recorded under section 161 Cr.P.C. has not disclosed the name of applicant. Thereafter in her statement recorded under section 164 Cr.P.C. she has stated that the applicant and co -accused Sameer was also present with co-accused Mahendra. The victim in her statement recorded under section 164 Cr.P.C. has not made any allegation of rape against the applicant. In medical report the age of victim has been shown about 18 years. At the time of alleged incident the victim was major. 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. The applicant has not committed the alleged offence and has been falsely implicated in this case. There is no criminal history of the applicant and is in jail since 26.5.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that during trial the statement of victim has been recorded as P.W.-1 in which she has made allegation of rape against the applicant and other co- accused, therefore, applicant is not entitled 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 Sanju 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