Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29050 of 2021 Applicant :- Satyaveer @ Hero Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Victim girl has not made any allegation of kidnapping or rape against the applicant and that the applicant is languishing in jail since 10.06.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Perusal of record shows that as per school document as well as certificate of Chief Medical Officer, Budaun, the age of victim girl is about 17 years and that in her statement under Section 161 & 164 Cr.P.C., she has clearly stated that she has gone with applicant at her own free will and that they have married each other and they have resided as husband and wife. She has not made any allegation of rape against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Satyaveer @ Hero involved in Case Crime No. 183 of 2021, under Sections 363, 366A, 376 of IPC and 3/4 POCSO Act, P.S. Islamnagar, District Budaun, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 A. Tripathi