Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 177 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Sidhari, District Azamgarh, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the medical report the victim is aged about 18 years.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of victim wherein she has categorically stated that on her own free will and volition she left her house and had gone with the applicant to his house and married him and started living as husband and wife and made physical relations with her. Looking to the statement of the victim, prima facie a case for bail is made out.
It is next submitted that the applicant is in jail since 09.10.2020 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. and learned counsel for the first informant has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 09.106.2020 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sarvan Bansfor be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicant will not tamper with the witnesses.to
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 25.1.2021 v.k.updh.