Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27435 of 2021 Applicant :- Seraj Sheikh Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Gosain Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However, no one has appeared on behalf of the first informant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 123/2021, under Sections 363, 366, 368, 376 IPC & Section 3/4 of POCSO Act, police station Manduwadeeh, District Varanasi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that victim is a major girl and in her statement, recorded under Section 164 Cr.P.C., she has stated that her age is 21 years and as per age certificate, issued by concerned CMO, age of victim girl is about 18 to 19 years. Learned counsel has referred the statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that she herself has admitted that she has a friendship with applicant and that while going to Delhi along with applicant, she has never made any complaint. It was submitted that victim girl was a consenting party. It has further been argued that the applicant is in judicial custody since 10.04.2021, 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 high school certificate, age of victim girl is about 16 years and thus, she is a minor girl.
Perusal of record shows that as per age certificate, issued by concerned CMO, age of victim girl is about 18 to 19 years. In her statement recorded under Section 161 Cr.P.C., victim girl has stated that applicant has got her seated on his motorcycle by saying that he will drop her at school, but he took her to Delhi and forcibly established physical relations with her. In her statement recorded under Section 164 Cr.P.C., victim girl has stated that her age is 21 years and that she was given some water by applicant and thereafter she became unconscious and she was taken to Jaunpur and from there they have gone to Delhi by bus and while they were about to sit in a taxi in Delhi, they were apprehended by the police. She has also stated that in her conscious condition, no relation were established by applicant. It was stated that there is material variance between statements of victim recorded under Sections 161 and 164 Cr.P.C.
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 Seraj Sheikh 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 :- 27.9.2021 Anand